Full Title Name:  ARIZONA ADMINISTRATIVE CODE. TITLE 12. NATURAL RESOURCES. CHAPTER 4. GAME AND FISH COMMISSION. ARTICLE 4. LIVE WILDLIFE

Share |
Country of Origin:  United States Citation:  AZ ADC R12-4-401 to 430 Agency Origin:  Game and Fish Commission Last Checked:  April, 2017
Summary:

These Arizona regulations define “captive live wildlife” as live wildlife that is held in captivity, physically restrained, confined, impaired, or deterred to prevent it from escaping to the wild or moving freely in the wild. The regulations provides that no individual shall import or export any live wildlife into or out of the state. An individual may take wildlife from the wild alive under a valid Arizona hunting or fishing license only if there is a Commission Order that prescribes a live bag and possession limit for that wildlife and the individual possesses the appropriate license. However, no person may possess restricted live wildlife without a valid permit.  The statute also provides a comprehensive list of all mammals that are considered restricted live wildlife. An individual who holds a special license listed in R12-4-409(A) shall keep all wildlife in a facility according to the captivity standards prescribed under R12-4-428 or as otherwise required under this Article.  A special license holder subject to the provisions of this Section shall comply with the minimum standards for humane treatment prescribed by this Section.

R12-4-401. Live Wildlife Definitions

R12-4-402. Live Wildlife: Unlawful Acts

12-4-403. Escaped or Released Live Wildlife

R12-4-404. Possession of Live Wildlife Taken Under an Arizona Hunting or Fishing License

R12-4-405. Importing, Purchasing, and Transporting Live Wildlife Without an Arizona License or Permit

R12-4-406. Restricted Live Wildlife

R12-4-407. Exemptions from Special License Requirements for Restricted Live Wildlife

R12-4-408. Holding Wildlife for the Department

R12-4-409. General Provisions and Penalties for Special Licenses

R12-4-410. Aquatic Wildlife Stocking Permit

R12-4-411. Live Bait Dealer's License

R12-4-412. Special License Fees

R12-4-413. Private Game Farm License

R12-4-414. Game Bird Shooting Preserve License

R12-4-415. Game Bird Field Trial License

R12-4-416. Game Bird Field Training Permit

R12-4-417. Wildlife Holding License

R12-4-418. Scientific Collecting Permit

R12-4-419. Game Bird Hobby License

R12-4-420. Zoo License

R12-4-421. Wildlife Service License

R12-4-422. Sport Falconry License

R12-4-423. Wildlife Rehabilitation License

R12-4-424. White Amur Stocking and Holding License

R12-4-425. Restricted Live Wildlife Lawfully Possessed without License or Permit Before the Effective Date of Article 4 or Any Subsequent Amendments

R12-4-426. Possession of Primates

R12-4-427. Exemptions from Requirements to Possess a Wildlife Rehabilitation License

R12-4-428. Captivity Standards

R12-4-429. Expired

R12-4-430. Importation, Handling, and Possession of Cervids

 


 

 

R12-4-401. Live Wildlife Definitions

In addition to definitions provided under A.R.S. § 17-101, and for the purposes of this Article, the following definitions apply:

“Adoption” means the transfer of custody of live wildlife to a member of the public, initiated by either the Department or its authorized agent, when no special license is required.

“Agent” means the person identified on a special license and who assists a special license holder in performing activities authorized by the special license to achieve the objectives for which the license was issued. “Agent” has the same meaning as “sublicensee” and “subpermittee” as these terms are used for the purpose of federal permits.

“Aquarium trade” means the commercial industry and its customers who lawfully trade in aquatic live wildlife .

“Aversion training” means behavioral training in which an aversive stimulus is paired with an undesirable behavior in order to reduce or eliminate that behavior.

“Captive live wildlife” means live wildlife held in captivity, physically restrained, confined, impaired, or deterred to prevent it from escaping to the wild or moving freely in the wild.

“Captive-reared” means wildlife born, bred, raised, or held in captivity.

“Cervid” means a mammal classified as a Cervidae or member of the deer family found anywhere in the world, as defined in the taxonomic classification from the Integrated Taxonomic Information System, available online at www.itis.gov.

“Circus” means a scheduled event where a variety of entertainment is the principal business, primary purpose, and attraction. “Circus” does not include animal displays or exhibits held as an attraction for a secondary commercial endeavor.

“Commercial purpose” means the bartering, buying , leasing, loaning, offering to sell, selling, trading, exporting or importing of wildlife or their parts for monetary gain.

“Domestic” means an animal species that does not exist in the wild, and includes animal species that have only become feral after they were released by humans who held them in captivity or individuals or populations that escaped from human captivity.

“Educational display” means a display of captive live wildlife to increase public understanding of wildlife biology, conservation, and management without requiring or soliciting payment from an audience or an event sponsor. For the purposes of this Article, “to display for educational purposes” refers to display as part of an educational display.

“Educational institution” means any entity that provides instructional services or education-related services to persons.

“Endangered or threatened wildlife” means wildlife listed under 50 C.F.R. 17.11, revised October 1, 2013, which is incorporated by reference. A copy of the list is available at any Department office, online at www.gpoaccess.gov, or may be ordered from the U.S. Government Printing Office, , Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000. This incorporation by reference does not include any later amendments or editions of the incorporated material.

“Evidence of lawful possession” means any license or permit authorizing possession of a specific live wildlife species or individual, or other documentation establishing lawful possession. Other forms of documentation may include, but are not limited to, a statement issued by the country or state of origin verifying a license or permit for that specific live wildlife species or individual is not required.

“Exhibit” means to display captive live wildlife in public or to allow photography of captive live wildlife for any commercial purpose.

“Exotic” means wildlife or offspring of wildlife not native to North America.

“Fish farm” means a commercial operation designed and operated for propagating, rearing, or selling aquatic wildlife for any purpose.

“Game farm” means a commercial operation designed and operated for the purpose of propagating, rearing, or selling terrestrial wildlife or the parts of terrestrial wildlife for any purpose stated under R12-4-413.

“Health certificate” means a certificate of an inspection completed by a licensed veterinarian verifying the animal examined appears to be healthy and free of infectious, contagious, and communicable diseases.

“Hybrid wildlife” means an offspring from two different wildlife species or genera. Offspring from a wildlife species and a domestic animal species are not considered wildlife.

“Live baitfish” means any species of live freshwater fish designated by Commission Order as lawful for use in taking aquatic wildlife under R12-4-313 and R12-4-317.

“Live bait” means aquatic live wildlife used or intended for use in taking aquatic wildlife.

“Migratory birds” mean all species listed under 50 C.F.R. 10.13 revised October 1, 2014, and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

“Noncommercial purpose” means the use of products or services developed using wildlife for which no compensation or monetary value is received.

“Nonhuman primate” means any nonhuman member of the order Primate of mammals including prosimians, monkeys, and apes.

“Nonnative” means wildlife or its offspring that did not occur naturally within the present boundaries of Arizona before European settlement.

“Person” has the same meaning as defined under A.R.S. § 1-215.

“Photography” means any process that creates durable images of wildlife or parts of wildlife by recording light or other electromagnetic radiation, either chemically by means of a light-sensitive material or electronically by means of an image sensor.

“Rehabilitated wildlife” means live wildlife that is injured, orphaned, sick, or otherwise debilitated and is provided care to restore it to a healthy condition suitable for release to the wild or for lawful captive use.

“Research facility” means any association, institution, organization, school, except an elementary or secondary school, or society that uses or intends to use live animals in research.

“Restricted live wildlife” means wildlife that cannot be imported, exported, or possessed without a special license or lawful exemption.

“Shooting preserve” means any operation where live wildlife is released for the purpose of hunting.

“Special license” means any license issued under this Article, including any additional stipulations placed on the license authorizing specific activities normally prohibited under A.R.S. § 17-306 and R12-4-402.

“Species of greatest conservation need” means any species listed in the Department's Arizona's State Wildlife Action Plan list Tier 1a and 1b published by the Arizona Game and Fish Department. The material is available for inspection at any Department office and online at www.azgfd.gov.

“Stock” and “stocking” means to release live aquatic wildlife into public or private waters other than the waters where taken.

“Taxa” means groups of animals within specific classes of wildlife occurring in the state with common characteristics that establish relatively similar requirements for habitat, food, and other ecological, genetic, or behavioral factors.

“Unique identifier” means a permanent marking made of alphanumeric characters that identifies an individual animal, which may include, but is not limited to, a tattoo or microchip.

“USFWS” means the United States Fish and Wildlife Service.

“Volunteer” means a person who:

Assists a special license holder in conducting activities authorized under the special license,

Is under the direct supervision of the license holder at the premises described on the license,

Is not designated as an agent, and

Receives no compensation.

“Wildlife disease” means any disease that poses a health risk to wildlife in Arizona.

“Zoo” means any facility licensed by the Arizona Game and Fish Department under R12-4-420 or, for facilities located outside of Arizona, licensed or recognized by the applicable governing agency.

“Zoonotic” means a disease that can be transmitted from animals to humans or, more specifically, a disease that normally exists in animals but that can infect humans.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

 

R12-4-402. Live Wildlife: Unlawful Acts

A. A person shall not perform any of the following activities with live wildlife unless authorized by a federal license or permit, this Chapter, or A.R.S. Title 3, Chapter 16:

1. Import any live wildlife into the state;

2. Export any live wildlife from the state;

3. Conduct any of the following activities with live wildlife within the state:

a. Display,

b. Exhibit,

c. Give away,

d. Lease,

e. Offer for sale,

f. Possess,

g. Propagate,

h. Purchase,

i. Release,

j. Rent,

k. Sell,

l. Sell as live bait,

m. Stock,

n. Trade,

o. Transport; or

4. Kill any captive live wildlife.

B. The Department may seize, quarantine, hold, or euthanize any lawfully possessed wildlife held in a manner that poses an actual or potential threat to the wildlife, other wildlife, or the safety, health, or welfare of the public. The Department shall make reasonable efforts to find suitable placement for any animal prior to euthanizing it.

C. A person who does not lawfully possess wildlife in accordance with this Article shall be responsible for all costs associated with the care and keeping of the wildlife.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

 

R12-4-403. Escaped or Released Live Wildlife

A. The Department may seize, quarantine, or euthanize any live wildlife that has been released, has escaped, or is likely to escape if the wildlife poses an actual or potential threat to :

1. Native wildlife;

2. Wildlife habitat; or

3. Public health, safety, or welfare ; or

4. Property.

B. A person shall not release live wildlife , unless specifically directed to do so by the Department or authorized under this Article.

C. The person possessing the wildlife shall be responsible for all costs incurred by the Department associated with seizing or quarantining the wildlife.

D. All special license holders shall be subject to the requirements of this Section.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-404. Possession of Live Wildlife Taken Under an Arizona Hunting or Fishing License

A. A person may take live wildlife from the wild under a valid Arizona hunting or fishing license provided the current Commission Order authorizes a live bag and possession limit for that wildlife and the individual possesses the appropriate hunting or fishing license and special license, when applicable.

B. Except for live baitfish which may only be possessed and transported as established under R12-4-316, a person may conduct any of the following activities with wildlife taken under an Arizona hunting or fishing license provided the activity is for a noncommercial purpose:

1. Export,

2. Kill,

3. Place on educational display,

4. Possess,

5. Propagate, and

6. Transport.

C. A person possessing wildlife or offspring of wildlife taken under this Section shall dispose of the wildlife or offspring of wildlife using any one or more of the following methods:

1. Giving the wildlife as a gift,

2. Exporting the wildlife to another state or jurisdiction, or

3. Disposing of the wildlife as directed by the Department.

D. A person shall not use wildlife or offspring of wildlife taken under this Section for commercial purposes.

E. A person exporting live wildlife for a noncommercial purpose shall verify exported live wildlife and offspring of wildlife shall not be :

1. Bartered,

2. Leased,

3. Offered for sale,

4. Purchased,

5. Rented,

6. Sold, or

7. Used for any commercial purpose.

F. A person may temporarily hold and release live wildlife possessed under this Section into the wild, provided the person did not remove the wildlife from the immediate area where it was taken.

G. A person shall not exceed the possession limit of live wildlife established by Commission Order for that species.

1. Offspring of wildlife possessed under this Section shall count towards the established possession limit.

2. A person may possess offspring of amphibians or reptiles in excess of the possession limit for no more than 12 months from the date of birth or hatching.

3. On or before the day the offspring reach 12 months of age, the person possessing them shall dispose of them as prescribed under subsection (C).

4. A person is prohibited from releasing offspring of propagated wildlife into the wild.

H. A person may use reptiles and amphibians taken under a valid Arizona hunting license for the purpose of providing aversion or avoidance training when the current Commission Order authorizes a live bag and possession limit for that reptile or amphibian.

I. A person may sell photographs of wildlife taken under a valid hunting or fishing license.

J. A person who possesses live wildlife or offspring of wildlife taken under this Section shall comply with the requirements prescribed under R12-4-425 if the wildlife becomes listed as restricted wildlife under R12-4-406.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-405. Importing, Purchasing, and Transporting Live Wildlife Without an Arizona License or Permit

A. A person may import mammals, birds, amphibians, and reptiles not listed as restricted wildlife under R12-4-406 without a special license required under this Article, provided the animals are :

1. Lawfully possessed under a:

a. Lawful exemption; or

b. Valid license, permit, or other form of authorization from another state, the United States, or another country; and

2. Accompanied by the health certificate required under 3 A.A.C. 2, Article 6, and this Article, when applicable.

B. A person may import live aquatic wildlife not listed as restricted wildlife under R12-4-406 without a special license under the following conditions:

1. The aquatic wildlife is lawfully possessed under a lawful exemption, valid license, permit, or other form of authorization from another state, the United States, or another country; and

2. The aquatic wildlife is used only for restaurants or markets that are licensed to sell food to the public and the wildlife is killed before it is transported from the restaurant or market, or, if transported alive from the market, is conveyed directly to its final destination for preparation as food; or

3. The aquatic wildlife is used only for the aquarium trade or a fish farm and is accompanied by a valid license or permit issued by another state or the United States that allows the wildlife to be transported into this state.

a. A person in the aquarium trade shall:

i. Only use aquatic wildlife used in the aquarium trade as a pet or in an educational display, and

ii. Keep aquatic wildlife used in the aquarium trade in an aquarium or enclosed pond that does not allow the wildlife to leave the aquarium or pond and does not allow other live aquatic wildlife to enter the aquarium or pond.

b. A person in the aquarium trade shall not use or possess aquatic wildlife listed as restricted live wildlife under R12-4-406.

C. A person shall obtain the appropriate special license listed under R12-4-409(A) before importing aquatic live wildlife for any purpose not stated under subsection (B), unless exempt under this Chapter.

D. A person may purchase, possess, exhibit, transport, propagate, trade, rent, lease, give away, sell, offer for sale, export, or kill wildlife or aquatic wildlife or its offspring without an Arizona license or permit if the wildlife is lawfully imported and possessed as prescribed under subsections (A) or (B).

E. An individual shall use and dispose of wildlife that is taken under an Arizona hunting or fishing license as prescribed by R12-4-404, or R12-4-417 and this Article, as applicable.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-406. Restricted Live Wildlife

A. In order to lawfully possess wildlife listed as restricted under this Section, for any activity prohibited under A.R.S. §§ 17-255.02, 17-306, R12-4-1102, or this Article, a person shall possess:

1. All applicable federal licenses and permits; and

2. The appropriate special license listed under R12-4-409(A); or

3. Act under a lawful exemption authorized under A.R.S. § 17-255.04, R12-4-316, R12-4-404, R12-4-405, R12-4-407, R12-4-425, R12-4-427, and R12-4-430.

B. The Commission recognizes the online taxonomic classification from the Integrated Taxonomic Information System as the authority in determining the designations of restricted live mammals, birds, reptiles, amphibians, fish, crustaceans, and mollusks referenced under this Article. The Integrated Taxonomic Information System is available at any Department office and at www.itis.gov.

C. All of the following are considered restricted live wildlife and are subject to the requirements of this Article, unless otherwise specified:

1. Hybrid wildlife, as defined under R12-4-401, resulting from the interbreeding of at least one parent species of wildlife that is listed as restricted under this Section; and

2. Transgenic species, unless otherwise specified under this Article. For the purposes of this Section, “transgenic species” means any organism that has had genes from another organism put into its genome through direct human manipulation of that genome. Transgenic species do not include natural hybrids or individuals that have had their chromosome number altered to induce sterility. A transgenic animal is considered wildlife if the animal is the offspring of at least one wildlife species.

D. Domestic animals, as defined under R12-4-401, are not subject to restrictions under A.R.S. Title 17, 12 A.A.C. 4, or Commission Orders.

E. Unless otherwise specified , all mammals listed below are considered restricted live wildlife :

1. All species of the order Afrosoricida. Common names include: tenrecs and golden moles.

2. All species of the following families of the order Artiodactyla. Common name: even-toed ungulates:

a. The family Antilocapridae. Common name: pronghorns.

b. The family Bovidae. Common names include: cattle, buffalo, bison, oxen, duikers, antelopes, gazelles, goats, and sheep. Except the following genera which are not restricted:

i. The genus Bubalus. Common name: water buffalo.

ii. The genus Bison. Common name: bison, American bison or buffalo.

c. The family Cervidae. Common names include: cervid, deer, elk, moose, wapiti, and red deer.

d. The family Tayassuidae. Common name: peccaries.

3. All species of the order Carnivora. Common names include: carnivores, skunks, raccoons, bears, foxes, and weasels.

4. All species of the order Chiroptera. Common name: bats.

5. All species of the genus Didelphis. Common name: American opossums.

6. All species of the order Erinaceomorpha. Common names include: gymnures and moonrats. Except members of the family Erinaceidae, which are not restricted. Common name: hedgehogs.

7. All species of the order Lagomorpha. Common names include: pikas, rabbits, and hares. Except for members of the genus Oryctolagus containing domestic rabbits, which are not wildlife and are not restricted.

8. All nonhuman primates. Common names include: orangutans, chimpanzees, gorillas, macaques, and spider monkeys.

9. All species of the following families of the order Rodentia. Common name: rodents:

a. The family Capromyidae. Common name: hutias.

b. The family Castoridae. Common name: beavers.

c. The family Echimyidae. Common names include: coypus and nutrias.

d. The family Erethizontidae. Common name: new world porcupines.

e. The family Geomyidae. Common name: pocket gophers.

f. The family Sciuridae. Common names include: squirrels, chipmunks, marmots, woodchucks, and prairie dogs.

10. All species of the order Soricomorpha. Common names include: shrews, desmans, moles, and shrew-moles.

11. All species of the order Xenarthra. Common names include: edentates; or sloths, anteaters, and armadillos.

F. Birds listed below are considered restricted live wildlife :

1. The following species within the family Phasianidae. Common names: partridges, grouse, turkeys, quail, and pheasants:

a. Callipepla gambelii. Common name: Gambel's quail.

b. Callipepla squamata. Common name: scaled quail.

c. Colinus virginianus. Common name: northern bobwhite. Restricted only in game management units 34A, 36A, 36B, and 36C as prescribed under R12-4-108.

d. Cyrtonyx montezumae. Common name: Montezuma, harlequin, or Mearn's quail.

e. Dendragapus obscurus. Common name: dusky grouse.

2. All species listed under the Migratory Bird Treaty Act listed under 50 C.F.R. 10.13 revised October 1, 2014, and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

G. Reptiles listed below are considered restricted live wildlife :

1. All species of the order Crocodilia. Common names include: gavials, caimans, crocodiles, and alligators.

2. All species of the following families or genera of the order Squamata:

a. The family Atractaspididae. Common name: burrowing asps.

b. The following species and genera of the family Colubridae:

i. Boiga irregularis. Common name: brown tree snake.

ii. Dispholidus typus. Common name: boomslang.

iii. Rhabdophis. Common name: keelback.

iv. Thelotornis kirtlandii. Common names include: bird snake or twig snake.

c. The family Elapidae. Common names include: cobras, mambas, coral snakes, kraits, Australian elapids, and sea snakes.

d. The family Helodermatidae. Common names include: Gila monster and Mexican beaded lizard.

e. The family Viperidae. Common names include: true vipers and pit vipers, including rattlesnakes.

3. The following species of the order Testudines:

a. All species of the family Chelydridae. Common name: snapping turtles.

b. All species of the genus Gopherus. Common names include: gopher tortoises, including the desert tortoise.

H. Amphibians listed below are considered restricted live wildlife . The following species within the order Anura, common names frogs and toads:

1. The species Bufo horribilis, Bufo marinus, Bufo schneideri. Common names include: giant or marine toads.

2. All species of the genus Rana. Common names include: leopard frogs and bullfrogs. Except bullfrogs possessed under A.R.S. § 17-102.

3. All species of the genus Xenopus. Common name: clawed frogs.

I. Fish listed below are considered restricted live wildlife :

1. All species of the family Acipenseridae. Common name: sturgeon.

2. The species Amia calva. Common name: bowfin.

3. The species Aplodinotus grunniens. Common name: freshwater drum.

4. The species Arapaima gigas. Common name: bony tongue.

5. All species of the genus Astyanax. Common name: tetra.

6. The species Belonesox belizanus. Common name: pike topminnow.

7. All species, both marine and freshwater, of the orders Carcharhiniformes, Heterodontiformes, Hexanchiformes, Lamniformes, Orectolobiformes, Pristiophoriformes, Squaliformes, Squatiniformes, and except for all species of the families Brachaeluridae, Hemiscylliidae, Orectolobidae, and Triakidae; genera of the family Scyliorhinidae, including Aulohalaelusrus, Halaelurus, Haploblepharus, Poroderma, and Scyliorhinus; and genera of the family Parascylliidae, including Cirrhoscyllium and Parascyl-lium. Common name: sharks.

8. All species of the family Centrarchidae. Common name: sunfish.

9. All species of the family Cetopsidae and Trichomycteridae. Common name: South American catfish.

10. All species of the family Channidae. Common name: snakehead.

11. All of the species Cirrhinus mrigala, Gibelion catla, and Labeo rohita. Common name: Indian carp.

12. All species of the family Clariidae. Common names include: labyrinth or airbreathing catfish.

13. All species of the family Clupeidae except threadfin shad, species Dorosoma petenense. Common names include: herring and shad.

14. The species Ctenopharyngodon idella. Common names include: white amur or grass carp.

15. The species Cyprinella lutrensis. Common name: red shiner.

16. The species Electrophorus electricus. Common name: electric eel.

17. All species of the family Esocidae. Common names include: pike and pickerels.

18. All species of the family Hiodontidae. Common names include: goldeye and mooneye.

19. The species Hoplias malabaricus. Common name: tiger fish.

20. The species Hypophthalmichthys molitrix. Common name: silver carp.

21. The species Hypophthalmichthys nobilis. Common name: bighead carp.

22. All species of the family Ictaluridae. Common name: catfish.

23. All species of the genus Lates and Luciolates. Common name: nile perch.

24. All species of the family Lepisosteidae. Common name: gar.

25. The species Leuciscus idus. Common names include: whitefish and ide.

26. The species Malapterurus electricus. Common name: electric catfish.

27. All species of the family Moronidae. Common name: temperate bass.

28. The species Mylopharyngodon piceus. Common name: black carp.

29. All species of the family Percidae. Common names include: walleye and pike perches.

30. All species of the family Petromyzontidae. Common name: lamprey.

31. The species Polyodon spathula. Common name: American Paddlefish.

32. All species of the family Potamotrygonidae. Common name: stingray.

33. All species of the genera Pygocentrus, Pygopristis, and Serrasalmus. Common name: piranha.

34. All species of the family Salmonidae. Common names include: trout and salmon.

35. The species Scardinius erythrophthalmus. Common name: rudd.

36. All species of the family Serranidae. Common name: bass.

37. The following species, and hybrid forms, of the Genus Tilapia: O. aureus, O. mossambica; O. niloticus, O. urolepis hornorum and T. zilli. Common name: tilapia.

38. The species Thymallus arcticus. Common name: Arctic grayling.

J. Crustaceans listed below are considered restricted live wildlife :

1. All freshwater species within the families Astacidae, Cambaridae, and Parastacidae. Common name: crayfish.

2. The species Eriocheir sinensis. Common name: Chinese mitten crab.

K. Mollusks listed below are considered restricted live wildlife :

1. The species Corbicula fluminea. Common name: Asian clam.

2. All species of the family Dreissenidae. Common names include: zebra and quagga mussel.

3. The species Euglandina rosea. Common name: rosy wolfsnail.

4. The species Mytilopsis leucophaeata. Common names include: Conrad's false mussel or false dark mussel.

5. All species of the genus Pomacea. Common names include: Chinese mystery snail or apple snail.

6. The species Potamopyrgus antipodarum. Common name: New Zealand mud snail.

L. All wildlife listed within Aquatic Invasive Species Director's Order #1.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 18 A.A.R. 196, effective January 10, 2012 (Supp. 12-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-407. Exemptions from Special License Requirements for Restricted Live Wildlife

A. All live cervids may only be imported, possessed, or transported as authorized under R12-4-430.

B. A person is not required to possess a special license to lawfully possess restricted live wildlife under the following circumstances:

1. A person may possess, transport, or give away a desert tortoise (Gopherus morafkai) or the progeny of a desert tortoise provided the person possessed the tortoise prior to April 28, 1989 or obtained the tortoise through a Department authorized adoption program. A person who receives a desert tortoise that is given away under this Section is also exempt from special license requirements. A person shall not:

a. Propagate lawfully possessed desert tortoises or their progeny unless authorized in writing by the Department's special license administrator.

b. Export a live desert tortoise from this state unless authorized in writing by the Department.

2. A licensed veterinarian may possess restricted wildlife while providing medical care to the wildlife and may release rehabilitated wildlife as directed in writing by the Department, provided:

a. The veterinarian keeps records of restricted live wildlife as required by the Veterinary Medical Examining Board, and makes the records available for inspection by the Department .

b. The Department assumes no financial responsibility for any care the veterinarian provides, except care that is specifically authorized by the Department.

3. A person may transport restricted live wildlife through this state provided the person:

a. Transports the wildlife through the state within 72 continuous and consecutive hours;

b. Ensures at least one person is continually present with, and accountable for, the wildlife while in this state ;

c. Ensures the wildlife is neither transferred nor sold to another person;

d. Ensures the wildlife is accompanied by evidence of lawful possession, as defined under R12-4-401;

e. Ensures a health certificate required under this Article accompanies the wildlife described on the health certificate, when applicable; and

f. Ensures the carcasses of any wildlife that die while in transport through this state are disposed of only as directed by the Department.

4. A person may exhibit, export, import, possess, and transport restricted live wildlife for a circus, temporary animal exhibit, or government-authorized state or county fair , provided the person:

a. Possesses evidence of lawful possession as defined under R12-4-401, for the wildlife;

b. Ensures the evidence of lawful possession accompanies the wildlife described on that evidence;

c. Ensures a health certificate required under this Article accompanies the wildlife described on the health certificate, when applicable;

d. Ensures the wildlife does not come into physical contact with the public;

e. Keeps the wildlife under complete control by safe and humane means; and

f. Ensures the wildlife is not in this state for more than 60 consecutive days.

5. A person may export, import, possess, and transport restricted live wildlife for the purpose of commercial photography, provided the person:

a. Possesses evidence of lawful possession as defined under R12-4-401 for the wildlife;

b. Ensures the evidence of lawful possession accompanies the wildlife described on that evidence;

c. Ensures a health certificate required under this Article accompanies the wildlife described on the health certificate, when applicable;

d. Ensures the wildlife does not come into physical contact with the public;

e. Keeps the wildlife under complete control by safe and humane means; and

f. Ensures the wildlife is not in this state for more than 60 consecutive days.

6. A person may exhibit, import, possess, and transport restricted live wildlife for advertising purposes other than photography, provided the person:

a. Ensures the wildlife is accompanied by evidence of lawful possession as defined under R12-4-401;

b. Ensures the evidence of lawful possession accompanies the wildlife described on that evidence;

c. Ensures a health certificate required under this Article accompanies the wildlife described on the health certificate, when applicable;

d. Maintains the wildlife under complete control by safe and humane means;

e. Prevents the wildlife from coming into contact with the public or being photographed with the public;

f. Does not charge the public a fee to view the wildlife; and

g. Exports the wildlife from the state within 10 days of importation.

7. A person may export restricted live wildlife, provided the person:

a. Ensures the wildlife is accompanied by evidence of lawful possession as defined under R12-4-401;

b. Ensures the evidence of lawful possession accompanies the wildlife described on that evidence;

c. Maintains the wildlife under complete control by safe and humane means;

d. Prevents the wildlife from coming into contact with the public or being photographed with the public;

e. Does not charge the public a fee to view the wildlife; and

f. Exports the wildlife from the state within 10 days of importation.

8. A person may possess restricted live wildlife taken alive under R12-4-404, R12-4-405, and R12-4-427, provided the person possesses the wildlife in compliance with those Sections.

9. A person who holds a falconry license issued by another state or country is exempt from obtaining an Arizona Sport Falconry License under R12-4-422, unless remaining in this State for more than 180 consecutive days.

a. The falconer licensed in another state or country shall present a copy of the out-of-state or out-of-country falconry license, or its equivalent, to the Department upon request.

b. A falconer licensed in another state or country and who remains in this State for more than the 180-day period shall apply for an Arizona Sport Falconry License in order to continue practicing sport falconry in this state.

10. A person may export, give away, import, kill, possess, propagate, purchase, trade, and transport restricted live wildlife provided the person is doing so for a medical or scientific research facility registered with the United States Department of Agriculture under 9 C.F.R. 2.30 revised January 1, 2012, which is incorporated by reference in this Section. The incorporated material is available at any Department office, online at www.gpoaccess.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000. This incorporation by reference contains no future editions or amendments.

11. A person may import and transport restricted live game fish and crayfish directly to restaurants or markets that are licensed to sell food to the public.

12. A person operating a restaurant or market licensed to sell food to the public may exhibit, offer for sale, possess, and sell restricted live game fish or crayfish, provided the live game fish and crayfish are killed before being transported from the restaurant or market.

13. A person may export, giveaway, import, kill, possess, propagate, purchase, and trade transgenic animals provided the person is doing so for a medical or scientific research facility.

C. An exemption granted under this Section is not valid for any wildlife protected by federal statute or regulation .

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-408. Holding Wildlife for the Department

A. A game ranger may authorize a person to possess or transport live wildlife on behalf of the Department if the wildlife is needed as evidence in a pending civil or criminal proceeding.

B. With the exception of live cervids, the Department has the authority to allow a person to possess and transport captive live wildlife for up to 72 hours or as otherwise directed by the Department.

C. The Director has the authority to allow a person to hold a live cervid on behalf of the Department.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-409. General Provisions and Penalties for Special Licenses

A. A special license is required when a person intends to conduct any activity using restricted live wildlife. Special licenses are listed as follows:

1. Aquatic wildlife stocking license, established under R12-4-410;

2. Game bird license, established under R12-4-414;

3. Live bait dealer's license, established under R12-4-411;

4. Private game farm license, established under R12-4-413;

5. Scientific collecting license, established under R12-4-418;

6. Sport falconry license, established under R12-4-422;

7. White amur stocking and holding license, established under R12-4-424;

8. Wildlife holding license, established under R12-4-417;

9. Wildlife rehabilitation license, established under R12-4-423;

10. Wildlife service license, established under R12-4-421; and

11. Zoo license, established under R12-4-420.

B. A person applying for a special license listed under subsection (A) shall :

a. Submit an application to the Department meeting the specific application requirements established under the applicable governing Section .

i. Applications for special licenses are furnished by the Department and are available at any Department office and online at www.azgfd.gov.

ii. An application is required upon initial application for a special license and when renewing a special license.

b. Pay all applicable fees required under R12-4-412.

C. At the time of application, the person shall certify:

1. The information provided on the application is true and correct to the applicant's knowledge;

2. The applicant shall comply with any municipal, county, state or federal code, ordinance, statute, regulation, or rule applicable to the license held; and

3. The applicant's live wildlife privileges are not currently suspended or revoked in this state, any other state or territory, or by the United States.

D. A special license obtained by fraud or misrepresentation is invalid from the date of issuance.

E. The Department shall either grant or deny a special license within the applicable overall time-frame established for that special license under R12-4-106 Ch

F. In addition to the criteria prescribed under the applicable governing Section, the Department shall deny a special license when:

1. The applicant's live wildlife privileges are revoked or suspended in this state, any other state, or by the United States;

2. The applicant was convicted of illegally holding or possessing live wildlife within five years preceding the date of application for the special license; or

3. The applicant knowingly provides false information on an application.

4. The Department shall deny a license to a person who fails to meet the requirements established under the applicable governing Section or this Section. The Department shall provide a written notice to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

G. A special license holder may only engage in activities using federally-protected wildlife when the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license. A special license issued by the Department does not :

1. Exempt the license holder from any municipal, county, state or federal code, ordinance, statute, regulation, or rule; or

2. Authorize the license holder to engage in any activity using wildlife that is protected by federal regulation.

H. The Department may place additional stipulations on a special license at the time of initial application or renewal when necessary to :

1. Conserve wildlife populations,

2. Prevent the introduction and proliferation of wildlife diseases,

3. Prevent wildlife from escaping, or

4. Protect public health or safety.

I. A special license holder shall keep live wildlife in a facility according to the captivity standards prescribed under R12-4-428 or as otherwise required under this Article.

J. The Department may inspect a facility to verify compliance with all applicable requirements established under this Article.

K. A special license holder shall keep records in compliance with the requirements established under the governing Section and shall make the records available for inspection to the Department upon request.

L. The Department may conduct an inspection of an applicant's or license holder's facility at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

M. Upon determining a disease or other emergency condition exists that poses an immediate threat to the public or the welfare of any wildlife, the Department may immediately order a cessation of operations under the special license and, if necessary, order the humane disposition or quarantine of any contaminated or affected wildlife.

1. When directed by the Department, a special license holder shall :

a. Perform disease testing,

b. Submit biological samples to the Department or its designee,

c. Surrender the wildlife to the Department;

d. Quarantine the wildlife, or

e. Humanely euthanize the wildlife .

2. The license holder shall :

a. Ensure any disease or other emergency condition under this subsection is diagnosed by a person professionally certified to make the diagnosis.

b. Be responsible for all costs associated with the testing and treatment of the contaminated and affected wildlife.

N. If a condition exists, including disease or any violation of this Article, that poses a threat to the public or the welfare of any wildlife, but the threat does not constitute an emergency, the Department may issue a written notice of the condition to the special license holder specifying a reasonable period of time for the license holder to remedy the noticed condition. The notice of condition shall be delivered to the special license holder by certified mail or personal service.

1. Failure of the license holder to remedy the noticed condition within the time specified by the Department is a violation under subsection (O).

2. If a licensee receives three notices under this subsection for the same condition within a two-year period, the Department shall treat the third notice as a failure to remedy.

O. A special license holder shall not:

1. Violate any provision of the governing Section or this Section;

2. Violate any provision of the special license that the person possesses, including any stipulations specified on the special license;

3. Violate A.R.S. § 13-2908, relating to criminal nuisance;

4. Violate A.R.S. § 13-2910, relating to cruelty to animals; or

5. Refuse to allow the inspection of facilities, wildlife, or required records.

P. The Department may take one or more of the following actions when a special license holder is convicted of a criminal offense involving cruelty to animals, violates subsection (N), or fails to comply with any requirement established under the governing Section or this Section:

1. File criminal charges,

2. Suspend or revoke a special license,

3. Humanely dispose of the wildlife,

4. Seize or seize in place any wildlife held under a special license.

5. A person may appeal to the Commission any Department action listed under this subsection as prescribed under A.R.S. Title 41, Chapter 6, Article 10, except the filing of criminal charges.

Q. A special license holder who wishes to continue conducting activities authorized under the special license shall submit a renewal application to the Department on or before the special license expiration date.

1. The current license will remain valid until the Department grants or denies the new special license.

2. If the Department denies the renewal application and the license holder appeals the denial to the Commission as prescribed under subsection (F)(4), the license holder may continue to hold the wildlife until:

a. The date on which the Commission makes its final decision on the appeal, or

b. The final date on which a person may request judicial review of the decision.

3. A special license holder who fails to submit a renewal application to the Department before the date the license expires, cannot lawfully possess any live wildlife currently possessed under the license.

R. If required by the governing Section, a special license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The special license becomes invalid if the special license holder fails to submit the annual report by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. When the license holder is acting as a representative of an institution, organization, or agency for the purposes of the special license, the license holder shall submit the report required under subsection this Section:

a. By January 31 of each year the license holder is affiliated with the institution, organization, or agency; or

b. Within 30 days of the date of termination of the license holder's affiliation with the institution, organization, or agency.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-410. Aquatic Wildlife Stocking License

A. An aquatic wildlife stocking license allows a person to import, possess, purchase, stock, and transport any restricted species designated on the license at the location specified on the license.

B. The aquatic wildlife stocking license is valid for no more than 20 consecutive days.

C. In addition to the requirements established under this Section, an aquatic wildlife stocking license holder shall comply with the special license requirements established under R12-4-409.

D. The license holder shall be responsible for compliance with all applicable regulatory requirements. The aquatic wildlife stocking license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

E. The Department shall deny an aquatic wildlife stocking license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny an aquatic wildlife stocking license when:

1. The Department determines that issuance of the license will result in a negative impact to native wildlife; or

2. The applicant proposes to use aquatic wildlife that is not compatible with, or poses a threat to, any wildlife within the river drainage or the area where the stocking is to occur.

F. A person applying for an aquatic wildlife stocking license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and online at www.azgfd.gov. An applicant shall provide the following on the application:

1. The applicant's information:

a. Name;

b. Mailing address; and

c. Department ID number, when applicable;

2. When the applicant proposes to use the aquatic wildlife for a commercial purpose the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address; and

d. Telephone number;

3. Aquatic wildlife species information:

a. Common name of the aquatic wildlife species;

b. Number of animals for each species; and

c. Approximate size of the aquatic wildlife that will be used under the license;

4. The purpose for introducing the aquatic wildlife species;

5. For each location where the aquatic wildlife will be stocked, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical location of the stocking site, to include river drainage and the Global Positioning System location or Universal Transverse Mercator coordinates;

6. A detailed description or diagram of the facilities where the applicant will stock the aquatic wildlife, which includes:

a. Size of waterbody proposed for stocking aquatic wildlife;

b. Nearest river, stream, or other freshwater system;

c. Points where water enters each waterbody, when applicable;

d. Points where water leaves each waterbody, when applicable; and

e. Location of fish containment barriers;

7. For each supplier from whom the applicant will obtain aquatic wildlife, the supplier's:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address;

d. Telephone number;

8. The dates on which the person will stock aquatic wildlife;

9. Any other information required by the Department; and

10. The certification required under R12-4-409(C).

G. In addition to the requirements listed under subsection (F), when an applicant wishes to stock an aquatic species in an area where that species has not yet been introduced, is not currently established, or there is potential for conflict with Department efforts to conserve wildlife, the applicant shall also submit a written proposal to the Department at the time of application. The written proposal shall contain all of the following information:

1. Anticipated benefits resulting from the introduction of the aquatic live wildlife species;

2. Potential adverse economic impacts;

3. Potential dangers the introduced aquatic species may possibly create for native aquatic species and game fish, to include all of the following:

a. Determination of whether or not the introduced aquatic species is compatible with native aquatic species or game fish;

b. Potential ecological problems created by the introduced aquatic species;

c. Anticipated hybridization concerns with introducing the aquatic species; and,

d. Future plans designed to evaluate the status and impact of the species after it is introduced.

4. Assessment of probable impacts to sensitive species in the area using the list generated by the Department's On-Line Environmental Review Tool, which is available at www.azgfd.gov. The proposal must address each species listed.

H. An applicant for an aquatic wildlife stocking license shall pay all applicable fees established under R12-4-412.

I. An aquatic wildlife stocking license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Obtain all aquatic wildlife, live eggs, fertilized eggs, and milt from a licensed fish farm operator or a private noncommercial fish pond certified to be free of diseases and causative agents through the following actions:

a. An inspection shall be performed by a qualified fish health inspector or fish pathologist at the fish farm or pond where the aquatic wildlife or biological material is held before it is shipped to the license holder.

b. The inspection shall be conducted no more than 12 months prior to the date on which the aquatic wildlife or biological material is shipped to the license holder. The Department may require additional inspections at any time prior to stocking.

c. The applicant shall submit a copy of the certification to the Department prior to conducting any stocking activities.

3. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article.

4. Possess the license or legible copy of the license while conducting any activities authorized under the aquatic stocking license and presents it for inspection upon the request of any Department employee or agent.

5. Dispose of wildlife only as authorized under this Section or as directed in writing by the Department.

J. An aquatic wildlife stocking license holder shall comply with the requirements established under R12-4-409 and R12-4-428.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

 

R12-4-411. Live Bait Dealer's License

A. A live bait dealer's license allows a person to perform any of the following activities using the aquatic live wildlife listed under subsection (B): exhibit for sale, export, import, kill, offer for sale, possess, purchase, sell, trade, or transport.

B. A live bait dealer's license allows a person to perform any of the activities listed under subsection (A) with any or all of the following aquatic live wildlife:

1. Fathead minnow, Pimephales promelas;

2. Golden shiner, Notemigonus crysoleucas;

3. Goldfish, Carassius auratus;

4. Mosquito fish, Gambusia affinis;

5. Threadfin shad, Dorosoma petenense; and

6. Waterdogs, Ambystoma tigrinum, except in that portion of Santa Cruz County lying east and south of State Highway 82, or that portion of Cochise County lying west of the San Pedro River and south of State Highway 82.

C. A live bait dealer's license expires on December 31 of each year.

D. In addition to the requirements established under this Section, a live bait dealer license holder shall comply with the special license requirements established under R12-4-409.

E. The license holder shall be responsible for compliance with all applicable regulatory requirements. The live bait dealer's license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

F. The Department shall deny a live bait dealer's license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

G. A person applying for a live bait dealer's license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is available from any Department office and online at www.azgfd.gov. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number, when applicable;

2. The applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address; and

d. Telephone number of the applicant's business;

3. Wildlife species information:

a. Common name of all wildlife species; and

b. The number of animals for each species that will be sold under the license.

4. For each location where the wildlife will be used, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

5. A detailed description or diagram of the facilities where the applicant will hold the wildlife;

6. For each supplier from whom the applicant will obtain wildlife, the supplier's:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address;

d. Telephone number;

7. Any other information required by the Department; and

8. The certification required under R12-4-409(C).

H. An applicant for a live bait dealer's license shall pay all applicable fees established under R12-4-412.

I. A live bait dealer's license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Obtain live baitfish from a facility certified free of the diseases and causative agents through the following actions:

a. An inspection shall be performed by a qualified fish health inspector or fish pathologist at the facility where the wildlife is held before it is shipped to the license holder.

b. The inspection shall be conducted no more than 12 months prior to the date on which the aquatic wildlife or biological material is shipped to the license holder. The Department may require additional inspections at any time prior to shipping.

c. The applicant shall submit a copy of the certification to the Department prior to conducting any activities authorized under the license.

d. The live bait dealer's license holder shall include a copy of the certification in each shipment.

3. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article.

4. Possess the license or legible copy of the license while conducting activities authorized under the live bait dealers license and presents it for inspection upon the request of any Department employee or agent.

5. Dispose of aquatic wildlife only as authorized under this Section or as directed by the Department.

J. A live bait dealer's license holder shall comply with the requirements established under R12-4-428

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

 

R12-4-412.Special License Fees

A. A person who applies for a special license authorized under this Article shall pay all applicable fees at the time of application.

B. A new application fee is required upon initial application or when an applicant fails to renew a special license before the license expires.

C. A renewal application fee is required when an applicant submits an application to renew the special license before the license expires.

Special License Fees

New Application

Renewal Application

Aquatic Wildlife Stocking License

no feeno fee

Game Bird

  

Field Trial License

$6

$6

Hobby License

$5

$5

Shooting Preserve License

$115

$115

Live Bait Dealer'S License

$35

$35

Private Game Farm License

$57.50

$57.50

Scientific Collecting License

  

 Commercial

no feeno fee

Noncommercial

no feeno fee

Sport Falconry License, not available to a nonresident under R12-4-422(J)

$87.50

$ 87.50

White Amur Stocking and Holding License

 

 

Commercial

$250$250

Noncommercial

$250$250

Wildlife Holding License

no fee

no fee

Wildlife Rehabilitation License

no fee

no fee
Wildlife Service Licenseno fee no fee

Zoo License

$115

$115

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Repealed effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). New Section adopted effective November 10, 1997 (Supp. 97-4). Amended by final rulemaking at 6 A.A.R. 211, effective December 14, 1999 (Supp. 99-4). Section repealed by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). New Section made by final rulemaking at 19 A.A.R. 3225, effective January 1, 2014 (Supp. 13-3). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-413. Private Game Farm License

A. A private game farm license authorizes a person to commercially farm and sell wildlife, as specified on the license at the location designated on the license.

1. A private game farm license allows the license holder to:

a. Display for sale, give away, import, offer for sale, possess, purchase, rent or lease, sell, trade, or transport wildlife, wildlife carcasses, or parts of wildlife; and

b. Propagate and rear wildlife.

2. The Private Game Farm License expires on December 31 of each year.

B. Private game farm wildlife may be killed or slaughtered, but a person shall not kill or allow the wildlife to be killed by hunting or in a manner that could be perceived as hunting or recreational sport harvest.

C. Private game farm wildlife shall not be killed by a person who pays a fee to the owner of the private game farm for killing the wildlife, nor shall the game farm owner accept a fee for killing the wildlife, except as authorized under R12-4-414.

D. A private game farm licenses authorizes the use of only the following species:

1. Captive-reared game birds:

a. Alectoris chukar, Chukar;

b. Callipepla californica, California or valley quail;

c. Callipepla gambelii, Gambel's quail;

d. Callipepla squamata, Scaled quail;

e. Colinus virginianus, Northern bobwhite;

f. Cyrtonyx montezumae, Montezuma or Mearns' quail;

g. Dendragapus obscurus, Dusky grouse; and

h. Phasianus colchicus, Ringneck and whitewing pheasant;

2. Mammals listed as restricted live wildlife under R12-4-406, provided:

a. The same species does not exist in the wild in this state;

b. The applicant submits proof of a valid license issued by the United States Department of Agriculture under 9 CFR 25.30 at the time of application;

c. The applicant submits a written proposal at the time of application, which includes all of the following information:

i. Species to be possessed,

ii. Purpose of possession,

iii. Purpose of propagation, when applicable,

iv. Methods designed to prevent wildlife from escaping,

v. Methods designed to prevent threat to native wildlife,

vi. Methods designed to ensure public safety; and

vii. Methods for disposal of the wildlife, which may include export from this state, or transfer to an eligible game farm licensed under this Section, a zoo licensed under R12-4-420, or a medical or scientific research facility exempted under R12-4-407.

E. The Department shall deny an application for:

1. A new private game farm license for cervids. The Department may accept a renewal application for a private game farm license holder currently permitted to possess cervids, provided the license holder is in compliance with all applicable requirements under R12-4-409, R12-4-430, and this Section.

2. A private game farm license for Northern bobwhite, Colinus virginianus, in game management units 34A, 36A, 36B, and 36C, as prescribed under R12-4-108.

F. In addition to the requirements established under this Section, a private game farm holder shall comply with the special license requirements established under R12-4-409.

G. The license holder shall be responsible for compliance with all applicable regulatory requirements. The private game farm license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

H. The Department shall deny a private game farm license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

I. A person applying for a private game farm license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and online at www.azgfd.gov. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number, when applicable;

2. The applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address; and

d. Telephone number;

3. For wildlife to be used under the license:

a. Common name of the wildlife species;

b. Number of animals for each species; and

c. When the applicant is renewing the private game farm license, the species and number of animals for each species currently held in captivity under the license;

4. For each location where the wildlife will be used, the land owner's:

a. Name;

b. Mailing address;

d. Telephone number; and

e. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

5. A detailed description or diagram of the facilities where the applicant will hold the wildlife, and a description of how the facilities comply with the requirements established under R12-4-428 and any other captivity standards established under this Section;

6. For each wildlife supplier from whom the special license applicant will obtain wildlife, the supplier's;

a. Name;

b. Federal Tax Identification Number;

c. Mailing address;

d. Telephone number;

7. Any other information required by the Department; and

8. The certification required under R12-4-409(C).

J. An applicant for a private game farm license shall pay all applicable fees established under R12-4-412.

K. A private game farm license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Ensure each shipment of live wildlife imported into the state is accompanied by a health certificate.

a. The certificate shall be issued no more than 30 days prior to the date on which the wildlife shipped.

b. A copy of the certificate shall be submitted to the Department prior to importation.

3. Ensure the following documentation accompanies each shipment of wildlife made by the game farm:

a. Name of the private game farm license holder,

b. Private game farm license number,

c. Date wildlife was shipped,

d. Number of wildlife, by species, included in the shipment,

e. Name of the person or common carrier transporting the shipment, and

f. Name of the person receiving the shipment.

4. Provide each person who transports a wildlife carcass from the site of the game farm with a receipt that includes all of the following:

a. Date the wildlife was purchased, traded, or given as a gift;

b. Name of the game farm; and

c. Number of wildlife carcasses, by species, being transported.

5. Ensure each facility is inspected by the attending veterinarian at least once every year.

6. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article.

7. Maintain records of all wildlife possessed under the license for a period of three years. In addition to the information required under subsections (M)(4)(a) through (M)(4)(e), the records shall also include:

a. The private game farm license holder's:

i. Name;

ii. Mailing address;

iii. Telephone number; and

iv. Special license number;

b. Copies of all federal, state, and local licenses, permits, and authorizations required for the lawful operation of the private game farm;

c. Copies of the annual report required under subsection (M);

d. Number of all restricted live wildlife, by species and the date it was obtained;

e. Source of all restricted live wildlife and the date it was obtained;

f. Number of offspring propagated by all restricted live wildlife; and

g. For all restricted live wildlife disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Manner of disposition to include the names and addresses of persons to whom the wildlife was bartered, given, or sold, when authorized.

L. A private game farm license holder shall not:

1. Propagate hybrid wildlife or domestic animals with wildlife; or

2. Possess domestic species under the special license.

M. A private game farm license holder shall submit an annual report to the Department before January 31 of each year for activities performed under the license for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The private game farm license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall include all of the following information, as applicable:

a. Number of wildlife, by species;

b. Source of all wildlife that the license holder obtained or propagated;

c. Date on which the wildlife was obtained or propagated;

d. Date on which the wildlife was disposed of and the manner of disposition; and

e. Name of person who received wildlife disposed of by barter, given as a gift, or sale.

N. Except for cervids which shall be disposed of only as established under R12-4-430, a private game farm license holder who no longer uses the wildlife for a commercial purpose shall dispose of the wildlife as follows:

1. Export,

2. Transfer to another private game farm licensed under this Section,

3. Transfer to a zoo licensed under R12-4-420,

4. Transfer to a medical or scientific research facility exempt under R12-4-407,

5. As directed by the Department, or

6. As otherwise authorized under this Section.

O. A private game farm license holder shall comply with the requirements established under R12-4-428 and R12-4-430.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-414. Game Bird Shooting Preserve License

A. A game bird license authorizes a person to display for sale, export, give as a gift, import, offer for sale, possess, propagate, purchase, sell, trade, and transport only the game birds specified on the license at the location specified on the license. A person who possesses a game bird license may conduct any of the following activities when stipulated on the person's game bird license:

1. Year-round possession of live captive-reared game birds at the site specified on the license, Game Bird Hobby:

a. A license holder shall possess no more than 50 game birds at any one time.

b. The Game Bird Hobby license expires on December 31 each year.

2. Take of game birds by a person who may be charged a fee, Game Bird Shooting Preserve:

a. A license holder shall restrict the release and take of the live game birds on private lands to an area not more than 1,000 acres.

b. A person is not required to possess a hunting license when taking a game bird released under a game bird license.

c. The Game Bird Shooting Preserve license expires on December 31.

3. Conduct a competition to test the performance of hunting dogs for no more than 10 consecutive days, Game Bird Field Trial.

4. Train a dog or raptor to hunt game birds for no more than 10 consecutive days, Game Bird Field Training.

B. A game bird license authorizes the use of the following game bird species as specified under the license:

1. Game Bird Hobby:

a. Alectoris chukar, Chukar;

b. Callipepla californica, California or valley quail;

c. Callipepla gambelii, Gambel's quail;

d. Callipepla squamata, Scaled quail;

e. Colinus virginianus, Northern bobwhite, subject to the restriction specified under subsection (D);

f. Cyrtonyx montezumae, Montezuma or Mearn's quail; and

g. Dendragapus obscurus, Dusky grouse.

2. Game Bird Shooting Preserve, Game Bird Field Trial, and Game Bird Field Training:

a. Alectoris chukar, Chukar;

b. Anas platyrhynchos, Mallard duck;

c. Colinus virginianus, Northern bobwhite, subject to the restriction specified under subsection (D);

d. Phasianus colchicus, Ringneck and Whitewing pheasant;

3. For the game bird species listed below, a game bird license authorizes a person to conduct only the following activities: display, export for noncommercial purposes, give as a gift, import, kill, possess, propagate, purchase, and transport:

a. Callipepla californica, California or valley quail;

b. Callipepla gambelii, Gambel's quail;

c. Callipepla squamata, Scaled quail;

d. Cyrtonyx montezumae, Montezuma or Mearn's quail; and

e. Dendragapus obscurus, Dusky grouse.

C. In addition to the requirements established under this Section, a game bird license holder shall comply with the special license requirements established under R12-4-409.

D. The license holder shall be responsible for compliance with all applicable regulatory requirements. The game bird license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

E. The Department shall deny a game bird license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department may deny a game bird license when:

1. The applicant proposes to release game birds:

a. At a location where an established wild population of the same species exists.

b. During nesting periods of upland game birds or waterfowl that nest in the area.

2. The applicant requests a license:

a. For the sole purpose described under subsection (A)(1) and proposes to possess more than 50 game birds at any one time.

b. To possess Northern bobwhites, Colinus virginianus, in any one of the following game management units, as described under R12-4-108; 34A, 36A, 36B, and 36C.

3. The Department determines the:

a. Authorized activity listed under this Section may pose a threat to native wildlife, wildlife habitat, or public health or safety.

b. Escape of any species listed on the application may pose a threat to native wildlife or public health or safety.

c. Release of game birds may interfere with a wildlife or habitat restoration program.

F. A person applying for a game bird license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and online at www.azgfd.gov. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and,

d. Department ID number, when applicable;

2. If the applicant will use the game birds for a commercial purpose, the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address; and

d. Telephone number;

3. If the applicant will use the game birds for an activity affiliated with a sponsoring organization, the organization's:

a. Name;

b. Mailing address; and

c. Telephone number of the organization chair or local chapter;

4. For game birds to be used under the license:

a. Common name of game bird species;

b. Number of animals for each species; and

c. When the applicant is renewing the game bird license, the species and number of animals for each species currently held in captivity under the license;

5. A description of how the applicant intends to use the game birds:

a. For personal possession only;

b. Charge a person a fee to take game birds;

c. Conduct a competition to test the performance of hunting dogs; or

d. Train a dog or raptor to hunt;

6. For each location where game birds will be used, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

7. For each location where game birds will be released, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

8. A detailed description or diagram of the facilities where the applicant will hold game birds and a description of how the facilities comply with the requirements established under R12-4-428 and any other captivity standards established under this Section;

9. For each game bird supplier from whom the applicant will obtain game birds, the supplier's:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address;

d. Telephone number;

10. Any other information required by the Department; and

11. The certification required under R12-4-409(C).

G. An applicant for a game bird license shall pay all applicable fees established under R12-4-412.

H. A game bird license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article.

3. Ensure each facility is inspected by the attending veterinarian at least once every year.

4. Possess the license or legible copy of the license while conducting any activity authorized under the game bird license and presents it for inspection upon the request of any Department employee or agent.

5. Ensure each shipment of game birds imported into the state is accompanied by a health certificate.

a. The certificate shall be issued no more than 30 days prior to the date on which the game birds are shipped.

b. A copy of the certificate shall be submitted to the Department prior to importation.

6. Provide each person that transports game birds taken under the game bird license with documentation that includes all of the following:

a. Name of the game bird license holder;

b. Game bird license number;

c. Date the game bird was purchased, traded, or given as a gift;

d. Number of game birds, by species; and

e. When the game birds are being shipped:

i. Name of the person or common carrier transporting the shipment, and

ii. Name of the person receiving the shipment.

7. Maintain records of all game birds possessed under the license for a period of three years. In addition to the information required under subsections (H)(5)(a) through (H)(5)(d), the records shall also include:

a. The game bird license holder's:

i. Name;

ii. Mailing address;

iii. Telephone number; and

iv. Special license number;

b. Copies of all federal, state, and local licenses, permits, and authorizations required for the lawful operation of the game bird activity;

c. Copies of the annual report required under subsection (I);

8. Dispose of game birds only as authorized under this Section or as directed by the Department.

I. A game bird license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The game bird license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall include all of the following information, as applicable:

a. Number of all game birds, by species and the date it was obtained;

b. Source of all game birds and the date the game bird was obtained;

c. Number of offspring propagated by all game birds; and

d. For all game birds disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Manner of disposition to include the names and addresses of persons to whom the wildlife was bartered, given, or sold, when authorized.

J. A game bird license holder shall comply with the requirements established under R12-4-428.

K. A game bird released under a game bird license may be taken with any method designated under R12-4-304.

L. A game bird released under a game bird license and found outside of the location specified on the license shall become property of the State and is subject to the requirements prescribed under A.R.S. Title 17 and 12 A.A.C. 4, Article 3.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-415. Game Bird Field Trial License--Repealed

Credits

Adopted effective April 28,1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Section repealed by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015

 

R12-4-416. Game Bird Field Training Permit--Repealed

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Section repealed by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-417. Wildlife Holding License

A. A wildlife holding license authorizes a person to display for educational purposes, euthanize, export, give away, import, photograph for commercial purposes, possess, propagate, purchase, or transport, restricted and nonrestricted live wildlife lawfully:

1. Held under a valid hunting or fishing license for a purpose listed under subsection (C),

2. Collected under a valid scientific collecting license issued under R12-4-418,

3. Obtained under a valid wildlife rehabilitation license issued under R12-4-423,

4. Or as otherwise authorized by the Department.

B. A wildlife holding license expires on December 31 of the year issued, or, if the license holder is a representative of an institution, organization, or agency described under subsection (C)(4), upon termination of affiliation with that entity, whichever comes first.

C. A wildlife holding license is valid for the following purposes, only:

1. Advancement of science;

2. Lawfully possess restricted live wildlife when it is:

a. Necessary to give humane treatment to restricted live wildlife that has been abandoned or permanently disabled, and is therefore unable to meet its own needs in the wild; or

b. Previously possessed under another special license and the primary purpose for that special license no longer exists;

3. Promotion of public health or welfare;

4. Provide education under the following conditions:

a. The applicant is an educator affiliated or partnered with an educational organization; and

b. The educational organization permits the use of live wildlife.

5. Photograph for a commercial purpose live wildlife provided:

a. The wildlife will be photographed without posing a threat to other wildlife or the public, and

b. The photography will not adversely impact other affected wildlife in this state, or

6. Wildlife management.

D. The Department shall deny an application for a wildlife holding license for the possession of cervids.

E. In addition to the requirements established under this Section, a wildlife holding license holder shall comply with the special license requirements established under R12-4-409.

F. The license holder shall be responsible for compliance with all applicable regulatory requirements. The wildlife holding license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

G. The Department shall deny a wildlife holding license to a person who fails to meet the requirements established under R12-4-409 or this Section, or when the person's wildlife holding privileges are suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a wildlife holding when:

1. It is in the best interest of the wildlife; or

2. The issuance of the license will adversely impact other wildlife or their habitat in the state.

H. A person applying for a wildlife holding license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and online at www.azgfd.gov. The applicant shall provide the following information:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number, when applicable;

2. If the applicant will use the wildlife for a commercial purpose, the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address; and

d. Telephone number;

3. If the applicant will use wildlife for activities authorized by an educational or scientific institution that employs, contracts, or is similarly affiliated with the applicant, the institution's:

a. Name;

b. Mailing address; and

c. Telephone number;

4. For wildlife to be used under the license:

a. Common name of the wildlife species;

b. Number of animals for each species;

c. When the application is for the use of multiple species, the applicant shall list each species and the number of animals for each species; and

d. When the applicant is renewing the wildlife holding license, the species and number of animals for each species currently held in captivity under the license;

5. For wildlife to be used for educational purposes:

a. The affiliated educational institution's:

i. Name;

ii. Federal Tax Identification Number;

iii. Mailing address; and

iv. Telephone number of the educational institution;

b. A copy of the established curriculum utilizing sound educational objectives; and

c. A plan for how the applicant will address any safety concerns associated with the use of live wildlife in a public setting.

6. For each location where the applicant proposes to hold the wildlife, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

7. A detailed description and diagram, or photographs, of the facilities where the applicant will hold the wildlife and a description of how the facilities comply with the requirements established under R12-4-428, and any other captivity standards that may be established under this Section;

8. The dates that the applicant will begin and end holding wildlife;

9. A clear description of how the applicant intends to dispose of the wildlife once the proposed activity for which the license was issued ends;

10. Any other information required by the Department; and

11. The certification required under R12-4-409(C).

12. For subsection (H)(7), the Department may, at its discretion, accept documented current certification or approval by the applicant's institutional animal care and use committee or similar committee in lieu of the description, diagram, and photographs of the facilities.

I. In addition to the requirements listed under subsection (H), at the time of application, an applicant for a wildlife holding license shall also submit:

1. Evidence of lawful possession, as defined under R12-4-401;

2. A statement of the applicant's experience in handling and providing care for the wildlife to be held or experience relevant to handling or providing care for wildlife;

3. A written proposal that contains all of the following information:

a. A description of the activity the applicant intends to perform under the license;

b. Purpose for the proposed activity;

c. The contribution the proposed activity will make to one or more of the primary purposes listed under subsection (C).

d. For an applicant who wishes to possess restricted live wildlife for the purpose of providing humane treatment, a written explanation stating why the wildlife is unable to meet its own needs in the wild and the following information for the licensed veterinarian who will provide care for the wildlife:

i. Name;

ii. Mailing address; and

iii. Telephone number;

J. An applicant for a wildlife holding license shall pay all applicable fees required under R12-4-412.

K. A wildlife holding license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article.

3. Possess the license or legible copy of the license while conducting any activity authorized under the wildlife holding license and presents it for inspection upon the request of any Department employee or agent.

4. Permanently mark any restricted live wildlife used for lawful activities under the authority of the license, when required by the Department.

5. Ensure that a copy of the license accompanies any transportation or shipment of wildlife made under the authority of the license.

6. Surrender wildlife held under the license to the Department upon request.

L. A wildlife holding license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year or as indicated under subsection (O). The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The wildlife holding license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall include all of the following information, as applicable:

a. A list of animals held during the year, the list shall be by species and include the source and date on which the wildlife was acquired.

b. The permanent mark or identifier of the wildlife, such as name, number, or another identifier for each animal held during the year, when required by the Department. This designation or identifier shall be provided with other relevant reported details for the holding or disposition of the individual animal;

c. Whether the wildlife is alive or dead.

d. The current location of the wildlife.

e. A list of all educational displays where the wildlife was utilized to include the date, location, organization or audience, approximate attendance, and wildlife used.

M. A wildlife holding license holder may authorize an agent to assist the license holder in conducting activities authorized under the wildlife holding license, provided the agent's wildlife privileges are not suspended or revoked in any state.

1. The license holder shall obtain written authorization from the Department before allowing a person to act as an agent.

2. The license holder shall notify the Department in writing within 10 calendar days of terminating any agent.

3. The Department may suspend or revoke the license holder's license if an agent violates any requirement of this Section or Article or any stipulations placed upon the license.

4. An agent may possess wildlife for the purposes outlined under subsection (C), under the following conditions;

a. The agent shall possess evidence of lawful possession, as defined under R12-4-401, for all wildlife possessed by the agent;

b. The agent shall return the wildlife to the primary license holder's facility within two days of receiving the wildlife.

N. A wildlife holding license holder shall not barter, give as a gift, loan for commercial activities, offer for sale, sell, trade, or dispose of any restricted live wildlife, offspring of restricted live wildlife, or their parts except as stipulated on the wildlife holding license or as directed in writing by the Department.

O. A wildlife holding license is no longer valid once the primary purpose for which the license was issued, as prescribed in subsection (C), no longer exists. When this occurs, the wildlife holding license holder shall immediately submit the annual report required under (L) to the Department.

P. A wildlife license holder shall comply with the requirements established under R12-4-409, R12-4-428, and R12-4-430.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-418. Scientific Collecting Permit

A. A scientific collecting license allows a person to conduct any of the following activities with live wildlife when specified on the license:

1. Display,

2. Photograph for noncommercial purposes,

3. Possess,

4. Propagate,

5. Take,

6. Transport, and

7. Use for educational purposes.

B. The Department issues three types of scientific collecting licenses:

1. Personal,

2. Consultant, and

3. Government, which includes educational and research institutions.

C. A person may apply for a scientific collecting license only when the license is requested for:

1. The purpose of wildlife management, gathering information valuable to the maintenance of wild populations, education, the advancement of science, or promotion of the public health or welfare;

2. A purpose that is in the best interest of the wildlife or the species, will not adversely impact other affected wildlife in this state, and may be authorized without posing a threat to wildlife or public safety; and

3. A purpose that does not unnecessarily duplicate previously documented projects.

D. A scientific collecting license expires on December 31 each year.

E. For the protection of wildlife or public safety, the Department has the authority to take any one or more of the following actions:

1. Rescind or modify any method of take authorized by the license;

2. Restrict the number of animals for each species or other taxa the license holder may take under the license;

3. Restrict the age, condition, or location of wildlife the license holder may take under the license; or

4. Deny or substitute the number of specimens and taxa requested on an application.

F. The license holder shall be responsible for compliance with all applicable regulatory requirements. The scientific collecting license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

G. The Department may deny a scientific collecting license to a person who fails to meet the requirements established under R12-4-409 or this Section, or when the person's scientific collecting privileges are suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a scientific collecting license when it is in the best interest of the wildlife or public safety.

H. A person applying for a scientific collecting license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available from any Department office, and online at www.azgfd.gov. A person applying for a scientific collecting license shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number; when applicable;

2. If the applicant will use wildlife for activities authorized by a scientific, educational, or government institution, organization, or agency that employs, contracts, or is similarly affiliated with the applicant, the applicant shall provide the institution's:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address;

d. Telephone number of the institution; and

e. The applicant's title or a description of the nature of affiliation with the institution or organization;

3. When the applicant is renewing the scientific collecting license, the species and number of animals for each species currently held in captivity;

4. For each the location where the wildlife will be held, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

5. A detailed description and diagram, or photographs, of the facilities where the applicant will hold the wildlife and a description of how the facilities comply with the requirements established under R12-4-428, and any other captivity standards that may be established under this Section;

6. Any other information required by the Department; and

7. The certification required under R12-4-409(C).

8. For subsection (H)(5), the Department may, at its discretion, accept documented current certification or approval by the applicant's institutional animal care and use committee or similar committee in lieu of the description, diagram, and photographs of the facilities.

I. In addition to the requirements listed under subsection (H), at the time of application, an applicant for a scientific collecting license shall also submit a written proposal. The written proposal shall contain all of the following information:

1. List of activities the applicant intends to perform under the license;

2. Purpose for the use of wildlife as established under subsection (C);

3. When the applicant intends to use wildlife for educational purposes, the proposal shall also include the:

a. Minimum number of presentations the applicant anticipates to provide under the license

b. Name, title, address, and telephone number of persons whom the applicant has contacted to offer educational presentations; and

c. Number of specimens the applicant already possesses for any species requested on the application;

4. Applicant's relevant qualifications and experience in handling and, when applicable, providing care for the wildlife to be held under the license;

5. Methods of take that the applicant will use, to include:

a. Justification for using the method, and

b. Proposed method of disposing wildlife taken under the license and any subsequent offspring, when applicable;

6. Number of animals for each species that will be used under the license;

7. Locations where collection will take place;

8. Names and addresses of any agents who will assist the applicant in carrying out the activities described in the proposal.

9. Project completion date; and

10. Whether the applicant intends to publish the project or its findings.

J. An applicant for a scientific collecting license shall pay all applicable fees required under R12-4-412.

K. A scientific collecting license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Possess the license or legible copy of the license while conducting any activity authorized under the scientific collecting license and presents it for inspection upon the request of any Department employee or agent.

3. Notify the Department in writing within 10 calendar days of terminating any agent.

4. Use the most humane and practical method possible prescribed under R12-4-304, R12-4-313, or as directed by the Department in writing.

5. Conduct activities authorized under the scientific collecting license only at the locations and time periods specified on the scientific collecting license.

6. Dispose of wildlife, wildlife parts, or offspring, only as directed by the Department.

L. A scientific collecting license holder shall not exhibit any wildlife held under the license, unless the person also possesses a zoo license authorized under R12-4-420.

M. A scientific collecting license holder may request authorization to allow an agent to assist the license holder in carrying out activities authorized under the scientific collecting license by submitting a written request to the Department.

1. An applicant may request the ability to allow a person to act as an agent on the applicant's behalf, provided:

a. An employment or supervisory relationship exists between the applicant and the agent, and

b. The agent's privilege to take or possess live wildlife is not suspended or revoked in any state.

2. The license holder shall obtain approval from the Department prior to allowing the agent assist in any activities.

3. The license holder is liable for all acts the agent performs under the authority of this Section.

4. The Department, acting on behalf of the Commission, may suspend or revoke a license for violation of this Section by an agent.

5. The license holder shall ensure the agent possesses a legible copy of the license while conducting any activity authorized under the scientific collecting license and presents it for inspection upon the request of any Department employee or agent.

N. A scientific collecting license holder may submit to the Department a written request to amend the license to add or delete an agent, location, project, or other component documented on the license at any time during the license period.

O. A scientific collecting license holder shall submit an annual report to the Department before January 31 of each year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The scientific collecting license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The Department may stipulate submission of additional interim reports upon license application or renewal.

P. A scientific collecting license holder who wishes to permanently hold wildlife species collected under the license in Arizona that will no longer be used for activities authorized under the license shall apply for and obtain a wildlife holding license in compliance with R12-4-417 or another appropriate special license.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-419. Game Bird Hobby License--Repealed

Credits

Adopted effective April 28,1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Section repealed by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

Old Text

A. A game bird hobby license allows an individual to do any or all of the following: import, purchase, possess, propagate, give away, kill, transport, or export pen-reared live game birds for personal, noncommercial use only. Game birds may also be displayed for noncommercial purposes under this license, but shall not be exhibited.

B. An applicant for a game bird hobby license shall apply on a form provided by the Department and available at any Department office. The applicant shall provide the following:

1. Name, address, telephone number, birthdate, physical description, and if applicable, Department ID number;

2. The wildlife species and the number of animals per species that will be obtained under the license. If the application is for use of multiple species, the applicant shall list each species and the number of animals per species. The Department shall only issue a license for the following game bird species:

a. Blue grouse, Dendragapus obscurus;

b. California or valley quail, Callipepla californica;

c. Chukar, Alectoris chukar;

d. Gambel's quail, Callipepla gambelii;

e. Montezuma or Mearns' quail, Cyrtonyx montezumae;

f. Northern bobwhite, Colinus virginianus, which only requires a game bird hobby license if used in game management units 34A, 36A, 36B, and 36C;

g. Ringneck and whitewing pheasant, Phasianus colchicus;

h. Scaled quail, Callipepla squamata;

3. If the applicant is renewing the game bird hobby license, the species and number of animals per species that are currently in captivity;

4. The name, address, and telephone number of the location where the wildlife will be held, if applicable. Otherwise, the applicant shall provide the physical description of the location, including township, range, and section;

5. If the applicant is applying to possess more than 50 game birds, the application shall include a detailed description or diagram of the facilities where the applicant will hold the wildlife, and a description of how the facilities comply with R12-4-428, and any other captivity standards that may be prescribed by this Section;

6. The name, address, and telephone number of all wildlife suppliers from whom the special license applicant will obtain wildlife; and

7. The applicant's signature and the date of signing. By signing the application, the applicant attests that the information provided is true and correct to the applicant's knowledge and that the applicant's live wildlife privileges are not revoked in this state, any other state, or by the United States.

C. The Department shall issue a game bird hobby license in compliance with R12-4-106. If the Department denies the application for a special license, the Department shall proceed as prescribed by R12-4-409(D). The Department shall issue a game bird hobby license only if:

1. A possible escape of the proposed species would not create a threat to native wildlife;

2. The purpose for the license is in the best interest of the wildlife or the species; and

3. The license may be issued without posing a threat to public health or safety.

D. Game bird hobby licenses are subject to the provisions of R12-4-409 and R12-4-428.

 

R12-4-420. Zoo License

A. A zoo license allows a person to exhibit, export, euthanize, display for educational purposes, give away, import, offer for sale, possess, propagate, purchase, sell, or transport any lawfully possessed restricted and nonrestricted live wildlife.

B. A person may apply for a zoo license only when the license is requested for:

1. Advancement of science or wildlife management,

2. Promotion of public health or welfare,

3. Public education, or

4. Wildlife conservation.

C. A zoo license expires on December 31 each year.

D. In addition to the requirements established under this Section, a zoo license holder shall comply with the special license requirements established under R12-4-409.

E. The license holder shall be responsible for compliance with all applicable regulatory requirements; the zoo license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

F. The Department shall deny a zoo license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a zoo license when:

1. It is in the best interest of the wildlife; or

2. The issuance of the license will adversely impact other wildlife or their habitat in the state;

G. A person applying for a zoo license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available from any Department office and online at www.azgfd.gov. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number;

d. Federal Tax Identification Number; and

e. Department ID number, when applicable;

2. If the applicant will use wildlife for activities authorized by an educational or scientific institution that employs, contracts, or is similarly affiliated with the applicant, the applicant shall provide the institution's:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address;

d. Telephone number;

3. Wildlife species to be held under the license;

a. Common and current scientific name of the wildlife species; and

b. Number of animals for each species;

4. If the applicant is renewing the zoo license, the number of animals of each species that are currently in captivity, and evidence of lawful possession as defined under R12-4-401;

5. For each location where the wildlife will be used, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

6. A detailed description and diagram of the facilities where the applicant will hold the wildlife and a description of how the facilities comply with the requirements established under R12-4-428;

7. Any other information required by the Department; and

8. The certification required under R12-4-409(C).

H. In addition to the requirements listed under subsection (G), an applicant for a zoo license shall also submit at the time of application:

1. A written proposal that contains the following:

a. A description of how the facility or operation meets the definition of a zoo, as defined under A.R.S. § 17-101; and

b. The purpose of the license, as established under subsection (B);

2. Proof of current licensing by the United States Department of Agriculture under 9 C.F.R. Subchapter A, Animal Welfare;

3. Photographs of the facility when the zoo is not accredited by the Association of Zoos and Aquariums or Zoological Association of America.

4. For subsection (H)(2), 9 C.F.R. Subchapter A, Animal Welfare revised January 1, 2012, and no later amendments or editions, which is incorporated by reference. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

I. An applicant for a zoo license shall pay all applicable fees established under R12-4-412.

J. A zoo license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article.

3. Ensure each facility is inspected by the attending veterinarian at least once every year.

4. Hold all wildlife in such a manner designed to prevent wildlife from escaping from the facility specified on the license.

5. Hold all wildlife in a manner designed to prevent the entry of unauthorized persons or other wildlife.

6. Hold all wildlife lawfully possessed under the zoo license in the facility specified on the license, except when transporting the wildlife:

a. To or from a temporary exhibit;

b. For medical treatment; or

c. Other activities approved by the Department in writing.

7. Ensure a temporary exhibit shall not exceed 60 consecutive days at any one location, unless approved by the Department in writing.

8. Clearly display a sign at the facility's main entrance that states the days of the week and hours when the facility is open for viewing by the general public.

9. Ensure all wildlife held under the license that has the potential to come into contact with the public is tested for zoonotic diseases appropriate to the species no more than 12 months prior to importation or display. Any wildlife that tests positive for a zoonotic disease shall not be imported into this state without review and approval by the Department in writing.

10. Dispose of the following wildlife only as directed by the Department:

a. Wildlife obtained under a scientific collecting permit; or

b. Wildlife loaned to the zoo by the Department.

11. Maintain records of all wildlife possessed under the license for a period of three years following the date of disposition. In addition to the information required under subsections (H)(1) through (H)(3), the records shall also include:

a. Number of all restricted live wildlife, by species and the date it was obtained;

b. Source of all restricted live wildlife and the date it was obtained;

c. Number of offspring propagated by all restricted live wildlife; and

d. For all restricted live wildlife disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Method of disposition.

K. A zoo license holder shall not:

1. Accept any wildlife that is donated, purchased, or otherwise obtained without accompanying evidence of lawful possession.

2. Import into this state any wildlife that may come into contact with the public and tests positive for zoonotic disease, as established under subsection (J)(9).

L. A zoo license holder shall dispose of restricted live wildlife in this state by:

1. Giving, selling, or trading the wildlife to:

a. Another zoo licensed under this Section;

b. An appropriate special license holder or appropriately licensed or permitted facility in another state or country authorized to possess the wildlife being disposed;

2. Giving selling, or donating the wildlife to a medical or scientific research facility exempt from special license requirements under R12-4-407;

3. Exporting the wildlife to a zoo certified by the Association of Zoos and Aquariums or Zoological Association of America; or

4. As otherwise directed by the Department.

M. A zoo license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The zoo license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The report shall summarize the current species inventory, and acquisition and disposition of all wildlife held under the license.

N. A zoo license holder shall request the authority to possess a new species of restricted live wildlife by submitting a written request to the Department prior to acquisition, unless the wildlife was:

1. Held under the previous year's zoo license and included in the previous annual report, or

2. Authorized in advance by the Department in writing.

O. A zoo license holder shall comply with the requirements established under R12-4-409, R12-4-426, R12-4-428, and R12-4-430, as applicable.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-421. Wildlife Service License

A. A wildlife service license authorizes a person to provide, advertise, or offer assistance in removing the live wildlife listed below to the general public. For the purposes of this Section, the following wildlife, as defined under A.R.S. § 17-101(B), are designated live wildlife:

1. Furbearing animals;

2. Javelina (Pecari tajacu);

3. Nongame animals;

4. Predatory animals; and

5. Small game.

B. A wildlife service license is not required when conducting pest control removal services authorized under A.R.S.§ Title 32, Chapter 22 for the following wildlife not protected under federal regulation:

1. Rodents, except those in the family Sciuridae;

2. European starlings;

3. Peach-faced love birds;

4. House sparrows;

5. Eurasian collared-doves; and

6. Any other non-native wildlife species.

C. A wildlife service license allows a person to conduct activities that facilitate the removal and relocation of live wildlife listed under subsection (A) when the wildlife causes a nuisance, property damage, poses a threat to public health or safety, or if the health or wellbeing of the wildlife is threatened by its immediate environment. Authorized activities include, but are not limited to, capture, removal, transportation, and relocation.

D. The wildlife service license expires on December 31 each year.

E. An employee of a governmental public safety agency is not required to possess a wildlife service license when the employee is acting within the scope of the employee's official duties.

F. In addition to the requirements established under this Section, a wildlife service license holder shall comply with the special license requirements established under R12-4-409.

G. The license holder shall be responsible for compliance with all applicable regulatory requirements; the wildlife service license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

H. The Department shall deny a wildlife service license to a person who fails to meet the requirements established under R12-4-409 or this Section or when the person's wildlife service privileges are suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

I. A person applying for a wildlife service license shall submit an application to the Department. The application is furnished by the Department and is available from any Department office and online at www.azgfd.gov. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number;

d. Physical description, to include the applicant's eye color, hair color, height, and weight; and;

e. Department ID number, when applicable;

2. If the applicant will perform license activities for a commercial purpose, the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address;

d. Telephone number; and

e. Hours and days of the week the applicant will be available for service;

3. The designated wildlife species or groups of species listed under subsection (A) that will be used under the license;

4. The methods that the wildlife license holder will use to perform authorized activities;

5. The general geographic area where services will be performed;

6. Any other information required by the Department; and

7. The certification required under R12-4-409(C).

J. In addition to the requirements listed under subsection (I), at the time of application, an applicant for a wildlife service license shall also submit:

1. Proof the applicant has a minimum of six months full-time employment or volunteer experience handling wildlife of the species or groups designated on the application; and

2. A written proposal that contains all of the following information:

a. Applicant's experience in the capture, handling, and removal of wildlife;

b. Specific species the applicant has experience capturing, handling, or removing;

c. General location and dates when the activities were performed;

d. Methods used to carry out the activities; and

e. The methods used to dispose of the wildlife.

K. When renewing a license without change to the species or species groups authorized under the current license, the wildlife service license holder may reference supporting materials previously submitted in compliance with subsection (J).

L. An applicant for a wildlife service license shall pay all applicable fees established under R12-4-412.

M. A wildlife service license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Facilitate the removal and relocation of designated wildlife in a manner that:

a. Is least likely to cause injury to the wildlife; and

b. Will prevent the wildlife from coming into contact with the general public.

3. Obtain special authorization from the Department regional office that has jurisdiction over the area where the activities will be conducted when performing any activities involving javelina.

4. Release captured designated wildlife only as follows:

a. Without immediate threat to the animal or potentially injurious contact with humans;

b. During an ecologically appropriate time of year;

c. Into a suitable habitat;

d. In the same geographic area as the animal was originally captured, except that birds may be released at any location statewide within the normal range of that species in an ecological suitable habitat; and

e. In an area designated by the Department regional office that has jurisdiction over the area where it was captured.

5. Euthanize the wildlife using the safest, quickest, and most humane method available.

6. Dispose of all wildlife that is euthanized or that otherwise dies while possessed under the license by burial or incineration within 30 days of death, unless otherwise directed by the Department.

7. Possess the license or legible copy of the license while conducting any wildlife service activity and presents it for inspection upon the request of any Department employee or agent.

8. Inform the Department in writing within five working days of any change in telephone number, area of service, or business hours or days.

N. A wildlife service license holder may submit to the Department a written request to amend the license to add or delete authority to control and release designated species of wildlife, provided the request meets the requirements of this Section.

O. A wildlife service license holder shall not:

1. Exhibit wildlife or parts of wildlife possessed under the license.

2. Possess designated wildlife beyond the period necessary to transport and relocate or euthanize the wildlife.

3. Retain any parts of wildlife.

P. A wildlife service license holder may:

1. Euthanize designated wildlife only when authorized by the Department.

2. Give injured or orphaned wildlife to a wildlife rehabilitation license holder.

Q. A wildlife service license holder shall submit an annual report to the Department before January 31 of each year on activities performed under the license for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The wildlife service license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall provide a list of all services performed under the license to include:

a. The date and location of service;

b. The number and species of wildlife removed, and

c. The method of disposition for each animal removed, including the location and date of release.

R. A wildlife service license holder shall comply with the requirements established under R12-4-409 and R12-4-428.

Credits

Adopted effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-422. Sport Falconry License

A. In addition to the definitions provided under A.R.S. § 17-101, R12-4-101, and R12-4-401, and for the purposes of this Section, the following definitions apply:

“Abatement services” means the use of raptors possessed under a falconry permit for the control of nuisance species.

“Captive-bred raptor” means a raptor hatched in captivity.

“Hack” means the temporary release of a raptor into the wild to condition the raptor for use in falconry.

“Hybrid” has the same meaning as prescribed under 50 C.F.R. 21.3, revised October 1, 2013. This incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpoaccess.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

“Imping” means using a molted feather to replace or repair a damaged or broken feather.

“Retrices” means a raptor's tail feathers.

“Sponsor” means a licensed General or Master falconer with a valid Arizona Sport Falconry license who has committed to mentoring an Apprentice falconer.

“Suitable perch” means a perch that is of the appropriate size and texture for the species of raptor using the perch.

“Wild raptor” means a raptor taken from the wild, regardless of how long the raptor is held in captivity or whether the raptor is transferred to another licensed falconer or other permit type.

B. An Arizona Sport Falconry license permits a person to capture, possess, train, and transport a raptor for the purpose of sport falconry in compliance with the Migratory Bird Treaty Act and the Endangered Species Act of 1973.

1. The sport falconry license validates the appropriate license for hunting or taking quarry with a trained raptor. When taking quarry using a raptor, a person must possess a valid:

a. Sport falconry license, and

b. Appropriate hunting license.

2. The sport falconry license is valid until the third December from the date of issuance.

3. A licensed falconer may capture, possess, train, or transport wild, captive-bred, or hybrid raptors, subject to the limitations established under subsections (H)(1), (H)(2), and (H)(3), as applicable.

C. The Department shall comply with the licensing time-frame established under R12-4-106 .

D. A resident who possesses or intends to possess a raptor for the purpose of sport falconry shall hold an Arizona Sport Falconry license, unless the person is exempt under A.R.S. § 17-236(C) or possesses only raptors not listed under 50 C.F.R. Part 10.13, revised October 1, 2014, and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

E. In addition to the requirements established under this Section, a licensed falconer shall also comply with special license requirements established under R12-4-409.

F. The license holder shall be responsible for compliance with all applicable regulatory requirements; the sport falconry license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations;

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license; or

3. Authorize a licensed falconer to capture or release a raptor or practice falconry on public lands where prohibited or on private property without permission from the land owner or land management agency.

G. The Department shall deny a sport falconry license to a person who fails to meet the requirements established under R12-4-409, R12-4-428, or this Section. The Department shall provide a written notice to an applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

H. The Department may issue a Sport Falconry license for the following levels to an eligible person:

1. Apprentice level license:

a. An Apprentice falconer shall:

i. Be at least 12 years of age; and

ii. Have a sponsor while practicing falconry as an apprentice. When a sponsorship is terminated, the apprentice is prohibited from practicing falconry until a new sponsor is acquired. After acquiring a new sponsor, an apprentice shall submit a written statement from the new sponsor to the Department within 30 days. The written statement shall meet the requirements established under subsection (K)(3)(a)(vi).

b. An Apprentice falconer may possess only one raptor at a time for use in falconry.

c. An Apprentice falconer is prohibited from possessing any:

i. Species listed under 50 C.F.R. 17.11, revised October 1, 2014, and subspecies,

ii. Raptor taken from the wild as a nestling,

iii. Raptor that has imprinted on humans,

iv. Bald eagle (Haliaeetus leucocephalus),

v. White-tailed eagle (Haliaeetus albicilla),

vi. Steller's sea-eagle (Haliaeetus pelagicus), or

vii. Golden eagle (Aquila chrysaetos).

viii. For the purposes of subsection (H)(1)(c)(i), this incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpoaccess.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

2. General level license:

a. A General falconer shall:

i. Be at least 16 years of age; and

ii. Have practiced falconry as an apprentice falconer for at least two years, including maintaining, training, flying, and hunting with a raptor for at least four months in each year. An applicant cannot substitute any falconry school or educational program to shorten the two-year Apprentice period.

b. A General falconer may possess up to three raptors at a time for use in falconry.

c. A General falconer is prohibited from possessing a:

i. Bald eagle,

ii. White-tailed eagle,

iii. Steller's sea-eagle, or

iv. Golden eagle.

3. Master level license:

a. A Master falconer shall have practiced falconry as a General falconer for at least five years using raptors possessed by that falconer.

b. A Master falconer may possess:

i. Any species of wild, captive-bred, or hybrid raptor.

ii. Any number of captive-bred raptors provided they are trained and used in the pursuit of wild game; and

iii. Up to three of the following species, provided the requirements established under subsection (H)(3)(d) are met: Golden eagle, White-tailed eagle, or Steller's Sea eagle.

c. A Master falconer is prohibited from possessing:

i. More than three eagles

ii. A bald eagle, or

iii. More than five wild caught raptors.

d. A Master falconer who wishes to possess an eagle shall apply for and receive approval from the Department before possessing an eagle for use in falconry. The licensed falconer shall submit the following documentation to the Department before a request may be considered:

i. Proof the licensed falconer has experience in handling large raptors such as, but not limited to, ferruginous hawks (Buteo regalis) and goshawks (Accipter gentilis);

ii. Information regarding the raptor species, to include the type and duration of the activity in which the experience was gained; and

iii. Written statements of reference from two persons who have experience handling or flying large raptors such as, but not limited to, eagles, ferruginous hawks, and goshawks. Each written statement shall contain a concise history of the author's experience with large raptors, and an assessment of the applicant's ability to care for and fly an eagle.

I. A sponsor shall:

1. Be at least 18 years of age;

2. Have practiced falconry as a General falconer for at least two years;

3. Sponsor no more than three apprentices during the same period of time;

4. Notify the Department within 30 consecutive days after a sponsorship is terminated;

5. Determine the appropriate species of raptor for possession by an apprentice; and

6. Provide instruction pertaining to the:

a. Husbandry, training, and trapping of raptors held for falconry;

b. Hunting with a raptor; and

c. Relevant wildlife laws and regulations.

J. A falconer licensed in another state or country is exempt from obtaining an Arizona Sport Falconry license under R12-4-407(B)(9), unless remaining in Arizona for more than 180 consecutive days. A falconer licensed in another state or country and who remains in this state for more than the 180-day period shall apply for an Arizona Sport Falconry license in order to continue practicing sport falconry in this state. The falconer licensed in another state or country shall present a copy of the out-of-state or out-of-country falconry license, or its equivalent, to the Department upon request.

1. A falconer licensed in another state shall:

a. Comply with all applicable state and federal falconry regulations,

b. Possess only those raptors authorized under the out-of-state sport falconry license, and

c. Provide a health certificate for each raptor possessed under the out-of-state sport falconry license when the raptor is present in this state for more than 30 consecutive days. The health certificate may be issued after the date of the interstate importation, but shall have been issued no more than 30 consecutive days prior to the interstate importation.

2. A falconer licensed in another country may possess, train, and use for falconry only those raptors authorized under the out-of-country sport falconry license, provided the import of that species into the United States is not prohibited. This subsection does not prohibit the falconer from flying or training a raptor lawfully possessed by any other licensed falconer.

3. A falconer licensed in another country is prohibited from leaving an imported raptor in this state, unless authorized under federal permit. The falconer shall report the death or escape of a raptor possessed by that falconer to the Department as established under subsection (O)(1) or prior to leaving the state, whichever occurs first.

4. A falconer licensed in another country shall:

a. Comply with all applicable state and federal falconry regulations;

b. Comply with falconry licensing requirements prescribed by the country of licensure not in conflict with federal or state law;

c. Notify the Department no less than 30 consecutive days prior to importing a raptor into this state;

d. Provide a health certificate, issued no earlier than 30 consecutive days prior to the date of importation, for each raptor imported into this state; and

e. Attach two functioning radio transmitters to any raptor imported into this country by the falconer while flown free in this state by any falconer.

K. A person applying for a Sport Falconry license shall submit an application to the Department . The application is furnished by the Department and is available at any Department office and online at www.azgfd.gov.

1. An applicant shall provide the following information on the application:

a. Falconry level desired;

b. Name;

c. Date of birth;

d. Mailing address;

e. Telephone number, when available;

f. Department I.D. number ;

g. Applicant's physical description, to include the applicant's eye color, hair color, height, and weight;

h. Arizona Hunting license number, when available;

i. Number of years of experience as a falconer;

j. Current Falconry license level;

k. Physical address of a facility when the raptor is kept at another location, when applicable;

l. Information documenting all raptors possessed by the applicant at the time of application, to include:

i. Species;

ii. Subspecies, when applicable;

iii. Age;

iv. Sex;

v. Band or microchip number, as applicable;

vi. Date and source of acquisition; and

m. The certification required under R12-4-409(C);

n. Parent or legal guardian's signature, when the applicant is under the age of 18;

o. Date of application; and

p. Any other information required by the Department.

2. An applicant shall certify that the applicant has read and is familiar with applicable state laws and rules and the regulations under 50 C.F.R. Part 13 and the other applicable parts in 50 C.F.R. Chapter I, Subchapter B and that the information submitted is complete and accurate to the best of their knowledge and belief.

3. In addition to the information required under subsection (K)(1), a person applying for:

a. An Apprentice level license shall also provide the sponsor's:

i. Name,

ii. Date of birth,

iii. Mailing address,

iv. Department I.D. number,

v. Telephone number, and

vi. A written statement from the sponsor stating that the falconer agrees to sponsor the applicant.

b. A General level license shall also provide:

i. Information documenting the applicant's experience in maintaining falconry raptors, to include the species and period of time each raptor was possessed while licensed as an Apprentice falconer; and

ii. A written statement from the sponsor certifying that the applicant has practiced falconry at the Apprentice falconer level for at least two years, and maintained, trained, flown, and hunted with a raptor for at least four months in each year.

c. A Master level license shall certify that the falconer has practiced falconry as a General falconer for at least five years.

L. An applicant for any level Sport Falconry license shall pay all applicable fees established under R12-4-412.

M. The Department may inspect the applicant's raptor facilities, materials, and equipment to verify compliance with requirements established under R12-4-409(I), R12-4-428, and this Section before issuing a Sport Falconry license. The applicant or licensed falconer shall ensure all raptors currently possessed by the falconer and kept in the facility are present at the time of inspection.

1. Department may inspect a facility:

a. After a change of location, when the Department cannot verify the facility is the same facility as the one approved by a previous inspection, or

b. Prior to the acquisition of a new species or addition of another raptor when the previous inspection does not indicate the facilities can accommodate a new species or additional raptor.

2. A licensed falconer shall notify the Department no more than five business days after changing the location of a facility.

3. When a facility is located on property not owned by the licensed falconer, the falconer shall provide a written statement signed and dated by the property owner at the time of inspection. The written statement shall specify that the licensed falconer has permission to keep a raptor on the property and the property owner permits the Department to inspect the falconry facility at any reasonable time of day and in the presence of the licensed falconer.

4. A licensed falconer shall ensure the facility:

a. Provides a healthy and safe environment,

b. Is designed to keep predators out,

c. Is designed to avoid injury to the raptor,

d. Is easy to access,

e. Is easy to clean, and

f. Provides access to fresh water and sunlight.

5. In addition to the requirements established under R12-4-409(I) and R12-4-428:

a. A licensed falconer shall ensure facilities where raptors are held have:

i. A suitable perch that is protected from extreme temperatures, wind, and excessive disturbance for each raptor;

ii. At least one opening for sunlight; and

iii. Walls that are solid, constructed of vertical bars spaced narrower than the width of the body of the smallest raptor housed therein, or any other suitable materials approved by the Department.

b. A licensed falconer shall possess all of the following equipment:

i. At least one flexible, weather-resistant leash;

ii. One swivel appropriate to the raptor being flown;

iii. At least one water container, available to each raptor kept in the facility, that is at least two inches deep and wider than the length of the largest raptor using the container;

iv. A reliable scale or balance suitable for weighing raptors, graduated in increments of not more than 15 grams;

v. Suitable equipment that protects the raptor from extreme temperatures, wind, and excessive disturbance while transporting or housing a raptor when away from the permanent facility where the raptor is kept, and

vi. At least one pair of jesses constructed of suitable material or Alymeri jesses consisting of an anklet, grommet, and removable strap that attaches the anklet and grommet to a swivel. The falconer may use a one-piece jess only when the raptor is not being flown.

6. A licensed falconer may keep a falconry raptor inside the falconer's residence provided a suitable perch is supplied. The falconer shall ensure all flighted raptors kept inside a residence are tethered or otherwise restrained at all times, unless the falconer is moving the raptor into or out of the residence. This subsection does not apply to unflighted eyas, which do not need to be tethered or otherwise restrained.

7. A licensed falconer may keep multiple raptors together in one enclosure untethered only when the raptors are compatible with each other.

8. A licensed falconer may keep a raptor temporarily outdoors in the open provided the raptor is continually under observation by the falconer or an individual designated by the falconer.

9. A licensed falconer may keep a raptor in a temporary facility that the Department has inspected and approved for no more than 120 consecutive days.

10. A licensed falconer may keep a raptor in a temporary facility that the Department has not inspected or approved for no more than 30 consecutive days. The falconer shall notify the Department of the temporary facility prior to the end of the 30-day period. The Department may inspect a temporary facility as established under R12-4-409(I).

N. Prior to the issuance of a Sport Falconry license, an applicant shall:

1. Present proof of a previously held state-issued sport falconry license, or

2. Correctly answer at least 80% of the questions on the Department administered written examination.

a. A person whose Sport Falconry license is expired more than five years shall take the examination. The Department shall issue to an eligible applicant a license for the sport falconry license type previously held by the applicant after the applicant correctly answers at least 80% of the questions on the written examination and presents proof of the previous Sport Falconry license.

b. A person who holds a falconry license issued in another country shall correctly answer at least 80% of the questions on the written examination. The Department shall determine the level of license issued based upon the applicant's documentation.

O. A licensed falconer shall submit electronically a 3-186A form to report:

1. Any of the following raptor possession changes to the Department no more than 10 business days after the occurrence:

a. Acquisition,

b. Banding,

c. Escape into the wild without recovery after 30 consecutive days have passed,

d. Death,

e. Microchipping,

f. Rebanding,

g. Release,

h. Take, or

i. Transfer.

2. Upon discovering the theft of a raptor, a licensed falconer shall immediately report the theft of a raptor to the Department and USFWS by:

a. Contacting the Department's regional office within 48 hours; and

b. Submitting the electronic 3-186A form within 10 days.

P. A licensed falconer shall print and maintain copies of all required electronic database submissions for each falconry raptor possessed by the falconer. The falconer shall retain copies of all submissions for a period of five years from the date on which the raptor left the falconer's possession.

Q. A licensed falconer or a person with a valid falconry license, or its equivalent, issued by any state meeting federal falconry standards may capture a raptor for the purpose of falconry only when authorized by Commission Order.

1. A falconer attempting to capture a raptor shall possess:

a. A valid Arizona Sport Falconry license or valid falconry license, or its equivalent, issued by another state, and

b. Any required Arizona hunt permit-tag issued to the licensed falconer for take of the authorized raptor, and

c. A valid Arizona hunting or combination license. A short-term combination hunting and fishing license is not valid for capturing a raptor under this subsection.

2. An Apprentice falconer may take from the wild:

a. Any raptor not prohibited under subsection (H)(1)(c) that is less than one year of age, except nestlings or

b. An adult raptor.

3. A General or Master falconer may take from the wild:

a. A raptor of any age, including nestlings, provided at least one nestling remains in the nest; or

b. An adult raptor.

4. A licensed falconer shall take no more than two raptors from the wild for use in falconry each calendar year. For the purpose of take limits, a raptor is counted towards the licensed falconer's take limit by the falconer who originally captured the raptor.

5. A falconer attempting to capture a raptor shall:

a. Not use stupefying substances;

b. Use a trap or bird net that is not likely to cause injury to the raptor;

c. Ensure that each trap or net the falconer is using is continually attended; and

d. Ensure that each trap used for the purpose of capturing a raptor is marked with the falconer's name, address, and license number.

6. A licensed falconer shall report the injury of any raptor injured due to capture techniques to the Department. The falconer shall transport the injured raptor to a veterinarian or licensed rehabilitator and pay for the cost of the injured raptor's care and rehabilitation. After the initial medical treatment is completed, the licensed falconer shall either:

a. Keep the raptor and the raptor shall count towards the falconer's take and possession limit, or

b. Transfer the raptor to a permitted wildlife rehabilitator and the raptor shall not count against the falconer's take or possession limit.

7. When a licensed falconer takes a raptor from the wild and transfers the raptor to another falconer who is present at a capture site, the falconer receiving the raptor is responsible for reporting the take of the raptor.

8. A General or Master falconer may capture a raptor that will be transferred to another licensed falconer who is not present at the capture site. The falconer who captured the raptor shall report the take of the raptor and the capture shall count towards the General or Master falconer's take limit. The General or Master falconer may then transfer the raptor to another falconer.

9. A General or Master falconer may capture a raptor for another licensed falconer who cannot attend the capture due to a longterm or permanent physical impairment. The licensed falconer with the physical impairment is responsible for reporting the take of the raptor and the raptor shall count against their take and possession limits.

10. A licensed falconer may capture any raptor displaying a seamless metal band, or any other item identifying it as a falconry raptor, regardless of whether the falconer is prohibited from possessing the raptor. The falconer shall return the recaptured raptor to the falconer of record. The raptor shall not count towards the falconer's take or possession limits, provided the falconer reports the temporary possession of the raptor to the Department no more than five consecutive days after capturing the raptor.

a. When the falconer of record cannot or does not wish to possess the raptor, the falconer who captured the raptor may keep the raptor, provided the falconer is eligible to possess the species and may do so without violating any requirement established under this Section.

b. When the falconer of record cannot be located, the Department shall determine the disposition of the recaptured raptor.

11. A licensed falconer may capture and shall report the capture of any raptor wearing a transmitter to the Department no more than five business days after the capture. The falconer shall attempt to contact the researcher or licensed falconer who applied the transmitter and facilitate the replacement or retrieval of the transmitter and raptor. The falconer may possess the raptor for no more than 30 consecutive days while waiting for the researcher or falconer to retrieve the transmitter and raptor. The raptor shall not count towards the falconer's take or possession limits, provided the falconer reports the temporary possession of the raptor to the Department no more than five consecutive days after capturing the raptor. The Department shall determine the disposition of a raptor when the researcher or falconer does not replace the transmitter or retrieve the raptor within the initial 30-day period.

12. A licensed falconer may capture any raptor displaying a federal Bird Banding Laboratory (BBL) aluminum research band or tag, except a peregrine falcon (Falco peregrinus). A licensed falconer who captures a raptor wearing a research band or tag shall report the following information to BBL and the Department:

a. Species,

b. Band or tag number,

c. Location of the capture, and

d. Date of capture.

e. A person can report the capture of a raptor wearing a research band or tag to BBL by calling 1(800) 327-2263.

13. A licensed falconer may recapture a falconer's lost or any escaped falconry raptor at any time. The Department does not consider the recapture of a wild falconry raptor as taking a raptor from the wild.

14. When attempting to trap a raptor in Cochise, Graham, Pima, Pinal, or Santa Cruz counties, a licensed falconer shall:

a. Not begin trapping while a northern aplomado falcon (Falco femoralis septentrionalis) is observed in the vicinity of the trapping location.

b. Suspend trapping when a northern aplomado falcon arrives in the vicinity of the trapping location.

15. In addition to the requirements in subsection (Q)(14), an apprentice falconer shall be accompanied by a General or Master falconer when attempting to capture a raptor in Cochise, Graham, Pima, Pinal, or Santa Cruz counties.

16. A licensed Master falconer may take up to two golden eagles from the wild only as authorized under 50 C.F.R. part 22. The Master falconer may:

a. Capture an immature or sub-adult golden eagle, or

b. Take a nestling from its nest or a nesting adult golden eagle in a livestock depredation area if a biologist representing the agency responsible for declaring the depredation area determines the adult eagle is preying on livestock or wildlife and that any nestling of the adult will be taken by a falconer authorized to possess it.

c. The falconer shall inform the Department of the capture plans in person, in writing, or by telephone at least three business days before trapping is initiated. The falconer may send written notification to the Arizona Game and Fish Department's Law Enforcement Programs Coordinator at 5000 West Carefree Highway, Phoenix, Arizona 85086.

17. A licensed falconer shall ensure any falconry activities the falconer is conducting do not cause unlawful take under the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., or the Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668 through 668d. The Department or USFWS may provide information regarding where take is likely to occur. The falconer shall report the take of any federally listed threatened or endangered species or bald or golden eagle to the USFWS Arizona Ecological Services Field Office.

R. A licensed falconer shall comply with all of the following banding requirements:

1. A licensed falconer shall ensure the following raptors are banded after capture:

a. Northern Goshawk,

b. Harris's hawk (Parabuteo unicinctus), and

c. Peregrine falcon.

2. The falconer shall request a band no more than five consecutive days after the capture of a raptor by contacting the Department. A Department representative or a General or Master licensed falconer may attach the USFWS leg band to the raptor.

3. A licensed falconer shall not use a counterfeit, altered, or defaced band.

4. A falconer holding a federal propagation permit shall ensure a raptor bred in captivity wears a seamless metal band furnished by USFWS, as prescribed under 50 C.F.R. 21.30.

5. A licensed falconer may remove the rear tab on a band and smooth any imperfections on the surface, provided doing so does not affect the band's integrity or numbering.

6. A licensed falconer shall report the loss of a band to the Department no more than five business days after discovering the loss. The falconer shall reband the raptor with a new USFWS leg band furnished by the Department.

S. A licensed falconer may request Department authorization to implant an ISO-compliant [134.2 kHz] microchip in lieu of a band into a captive-bred raptor or raptor listed under subsection (R)(1) .

1. The falconer shall submit a written request to the Department.

2. The falconer shall retain a copy of the Department's written authorization and any associated documentation for a period of five years from the date the raptor permanently leaves the falconer's possession.

3. The falconer is responsible for the cost of implanting the microchip and any associated veterinary fees.

T. A licensed falconer may allow a falconry raptor to feed on any species of wildlife incidentally killed by the raptor for which there is no open season or for which the season is closed, but shall not take such wildlife into possession.

U. A General or Master falconer may hack a falconry raptor. Any raptor the falconer is hacking shall count towards the falconer's possession limit during hacking.

1. A falconer is prohibited from hacking a raptor near the nesting area of a federally threatened or endangered species or in any other location where the raptor is likely to disturb or harm a federally listed threatened or endangered species. The Department may provide information regarding where this is likely to occur.

2. A licensed falconer shall ensure any hybrid raptor flown free or hacked by the falconer is equipped with at least two functioning radio transmitters.

V. A licensed falconer may release:

1. A wild-caught raptor permanently into the wild under the following circumstances:

a. The raptor is native to Arizona,

b. The falconer removes the raptor's falconry band and any other falconry equipment prior to release, and

c. The falconer releases the raptor in a suitable habitat and under suitable seasonal conditions.

2. A captive-bred raptor permanently into the wild only when the raptor is native to Arizona and the Department approves the release of the raptor. The falconer shall request permission to release the captive-bred raptor by contacting the Department. When permitted by the Department and before releasing the captive-bred raptor, the General or Master falconer shall hack the captive-bred raptor in a suitable habitat and the appropriate season.

3. A licensed falconer is prohibited from intentionally releasing any hybrid or non-native raptor permanently into the wild.

W. A Master falconer may conduct and receive payment for any abatement services conducted with a falconry raptor. The falconer shall apply for and obtain all required federal permits prior to conducting any abatement activities. A General falconer may conduct abatement services only when authorized under the federal permit held by the Master falconer.

X. A person other than a licensed falconer may temporarily care for a falconry raptor for no more than 45 consecutive days, unless approved by the Department. The raptor under temporary care shall remain in the falconer's facility. The raptor shall continue to count towards the falconer's possession limit. An unlicensed caretaker shall not fly the raptor. The falconer may request an extension from the Department to the temporary possession period if extenuating circumstances occur. The Department shall evaluate extension requests on a case-by-case basis.

Y. A licensed falconer may serve as a caretaker for another licensed falconer's raptor for no more than 120 consecutive days, unless approved by the Department. The falconer shall provide the temporary caretaker with a signed and dated statement authorizing the temporary possession of each raptor. The statement shall also include the temporary possession period and activities the caretaker may conduct with the raptor. The raptor under temporary care shall not count toward the caretakers possession limit. The temporary caretaker may fly or train the raptor when permitted by the falconer in writing. The falconer may request an extension from the Department to the temporary possession period if extenuating circumstances occur. The Department shall evaluate extension requests on a case-by-case basis.

Z. A licensed falconer may assist a wildlife rehabilitator in conditioning a raptor in preparation for the raptor's release to the wild. The falconer may temporarily remove the raptor from the rehabilitation facilities while conditioning the raptor. The raptor shall remain under the rehabilitator's license and shall not count towards the falconer's possession limit. The rehabilitator shall provide the licensed falconer with a written statement authorizing the falconer to assist the rehabilitator. The written statement shall also identify the raptor by species, type of injury, and band number, when available. The licensed falconer shall return the raptor to the rehabilitator within the 180-day period established under R12-4-423(T), unless the raptor is:

1. Released into the wild in coordination with the rehabilitator and as authorized under this subsection,

2. Allowed to remain with the rehabilitator for a longer period of time as authorized under R12-4-423(U), or

3. Transferred permanently to the falconer, provided the falconer may legally possess the raptor and the Department approves the transfer. The raptor shall count towards the falconer's possession limit.

AA. A licensed falconer may use a raptor possessed for falconry in captive propagation, when permitted by USFWS. A licensed falconer is not required to transfer a raptor from a Sport Falconry license to another license when the raptor is used for captive propagation less than eight months in a year.

BB. A General or Master licensed falconer may use a lawfully possessed raptor in a conservation education program presented in a public venue. An Apprentice falconer, under the direct supervision of a General or Master falconer, may use a lawfully possessed raptor in a conservation education program presented in a public venue. The primary use for a raptor is falconry; a licensed falconer shall not possess a raptor solely for the purpose of providing a conservation education program . The falconer shall ensure the focus of the conservation education program is to provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds. The falconer may charge a fee for presenting a conservation education program; however, the fee shall not exceed the amount required to recoup the falconer's costs for providing the program. As a condition of the Sport Falconry License, the licensed falconer agrees to indemnify the Department, its officers, and employees. The falconer is liable for any damages associated with the conservation education activities.

CC. A licensed falconer may allow the photography, filming, or similar uses of a falconry raptor possessed by the licensed falconer, provided:

1. The falconer is not compensated for these activities; and

2. The final product from these activities:

a. Promotes the practice of falconry;

b. Provides information about the biology, ecological roles, and conservation needs of raptors and other migratory birds;

c. Endorses a nonprofit falconry organization or association, products, or other endeavors related to falconry; or

d. Is used in scientific research or science publications.

DD. A licensed falconer may use or dispose of lawfully possessed falconry raptor feathers. A falconer shall not buy, sell, or barter falconry raptor feathers. A falconer may possess feathers for imping from each species of raptor that the falconer currently possesses or has possessed.

1. The licensed falconer may transfer or receive feathers for imping from:

a. Another licensed falconer,

b. A licensed wildlife rehabilitator, or

c. Any licensed propagator located in the United States.

2. A licensed falconer may donate falconry raptor feathers, except bald and golden eagle feathers, to:

a. Any person or institution permitted to possess falconry raptor feathers,

b. Any person or institution exempt from the permit requirement under 50 C.F.R. 21.12, or

c. A non-eagle feather repository. The Department may provide information regarding the submittal of falconry raptor feathers to a non-eagle feather repository.

3. A licensed falconer shall gather primary and secondary flight feathers or retrices that are molted or otherwise lost from a golden eagle and either retain the feathers for imping purposes or submit the feathers to the U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022.

4. A falconer whose license is either revoked or expired shall dispose of all falconry raptor feathers in the falconer's possession.

EE. Arizona licensed falconers importing raptors into Arizona shall have a health certificate issued no more than 30 consecutive days:

1. Prior to the international importation, or

2. Prior to or after the inter-state importation.

FF. A licensed falconer may conduct any of the following activities with any captive-bred raptor provided the raptor is wearing a seamless band and the person receiving the raptor possesses an appropriate special license:

1. Barter,

2. Offer for barter,

3. Gift,

4. Purchase,

5. Sell,

6. Offer for sale, or

7. Transfer.

GG. A licensed falconer is prohibited from conducting any of the following activities with any wild-caught raptor protected under the Migratory Bird Treaty Act:

1. Barter,

2. Offer for barter,

3. Purchase,

4. Sell, or

5. Offer for sale.

HH. A licensed falconer may transfer:

1. Any wild-caught falconry raptor lawfully captured in Arizona with or without a permit tag to another Arizona Sport Falconry License holder at any time.

a. The raptor shall count towards the take limit for that calendar year for the falconer taking the raptor from the wild.

b. The raptor shall not count against the take limit of the falconer receiving the raptor.

2. Any wild-caught falconry raptor to another license or permit type under this Article or federal law, provided the raptor has been used in the sport of falconry for at least two years preceding the transfer.

3. A wild-caught falconry sharp-shinned hawk (Accipiter striatus), Cooper's hawk (Accipiter cooperii), merlin (Falco columbarius), or American kestrel (Falco sparverius) to another license or permit type under this Article or federal law, provided the raptor has been used in the sport of falconry for at least one-year preceding the transfer.

4. Any hybrid or captive-bred raptor to another licensed falconer or permit type under this Article or federal law at any time.

5. Any falconry raptor that is no longer capable of being flown, as determined by a veterinarian or licensed rehabilitator, to another permit type at any time. The licensed falconer shall provide a copy of the documentation from the veterinarian or rehabilitator stating that the raptor is not useable in falconry to the Federal Migratory Bird Permits office that administers the other permit type.

II. A licensed falconer shall not transfer a wild-caught raptor species to a licensed falconer in another state for at least one year from the date of capture if either resident or nonresident take is managed through Commission Order by way of a permit-tag, nonpermit-tag, or annual harvest quota system. However, a licensed falconer may transfer a wildcaught raptor that is not managed through Commission Order by way of a permit-tag, non-permit-tag, or annual harvest quota system to a licensed falconer in another state at any time.

JJ. A surviving spouse, executor, administrator, or other legal representative of a deceased or incapacitated licensed falconer shall transfer any raptor held by the licensed falconer to another licensed falconer no more than 90 consecutive days after the death of the falconer. The Department shall determine the disposition of any raptor not transferred prior to the end of the 90-day period.

KK. A licensed falconer shall conduct the following activities, as applicable, no more than 10 business days after either the death of a falconry raptor or the final examination of a deceased raptor by a veterinarian:

1. For a bald or golden eagle, send the entire body, including all feathers, talons, and other parts, to the National Eagle Repository;

2. For any euthanized non-eagle raptor, to prevent secondary poisoning of other wildlife, the falconer shall either submit the carcass to a non-eagle repository or burn, bury, or otherwise destroy the carcass;

3. For all other species:

a. Submit the carcass to a non-eagle repository;

b. Submit the carcass to the Department for submission to a non-eagle repository;

c. Donate the body or feathers to any person or institution exempt under 50 C.F.R. 21.12 or authorized by USFWS to acquire and possess such parts or feathers;

d. Retain the carcass or feathers for imping purposes as established under subsection (DD);

e. Burn, bury, or otherwise destroy the carcass; or

f. Mount the raptor carcass. The falconer shall ensure any microchip implanted in the raptor is not removed and any band attached to the raptor remains on the mount. The falconer may use the mount for a conservation education program. The falconer shall ensure copies of the license and all relevant 3-186A forms are retained with the mount. The mount shall not count towards the falconer's possession limit.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended effective April 4, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 211, effective December 14, 1999 (Supp. 99-4). Amended by final rulemaking at 18 A.A.R. 958, effective January 1, 2013 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 3225, effective January 1, 2014 (Supp. 13-3). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.


R12-4-423. Wildlife Rehabilitation License

A. For the purposes of this Section, “volunteer” means a person who:

Is not designated as an agent, as defined under R12-4-401,

Assists a wildlife rehabilitation license holder without compensation, and

Is under the direct supervision of the license holder at the location specified on the wildlife rehabilitation license.

B. A wildlife rehabilitation license is issued for the sole purpose of restoring and returning wildlife to the wild through rehabilitative services. The license allows a person 18 years of age or older to conduct any of the following activities with live injured, disabled, orphaned or otherwise debilitated wildlife specified on the rehabilitation license:

1. Capture;

2. Euthanize;

3. Export to a licensed zoo, when authorized by the Department;

4. Rehabilitate;

5. Release;

6. Temporarily possess;

7. Transport; or

8. Transfer to one of the following:

a. Licensed veterinarian for treatment or euthanasia;

b. Another appropriately licensed special license holder;

c. Licensed zoo, when authorized by the Department; or

9. As otherwise directed in writing by the Department.

C. A wildlife rehabilitation license authorizes the possession of the following taxa or species:

1. Amphibians;

2. Reptiles;

3. Birds:

a. Non-passerines, birds in any order other than those named in subsections (b) through (e);

b. Birds in the orders Falconiformes or Strigiformes, raptors;

c. Birds in the order, Galliformes quails and turkeys;

d. Birds in the order Columbiformes, doves;

e. Birds in the order Trochiliformes, hummingbirds; and

f. Birds in the order Passeriformes, passerines;

4. Mammals:

a. Nongame mammals;

b. Bats;

c. Big game mammals other than cervids: bighorn sheep, bison, black bear, javelina, mountain lion, pronghorn;

d. Carnivores: bobcat, coati, coyote, foxes, raccoons, ringtail, skunks, and weasels; and

e. Small game mammals.

D. A wildlife rehabilitation license authorizes the possession of the following taxa or species only when specifically requested at the time of application:

1. Eagles;

2. Species listed under 50 C.F.R. 17.11, revised October 1, 2013; and

3. The Department's Tier 1 Species of Greatest Conservation Need, as defined under R12-4-401.

4. For the purposes of subsection (D)(2), this incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpoaccess.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

E. All wildlife held under the license is the property of the state and shall be surrendered to the Department upon request.

F. The wildlife rehabilitation license expires on the last day of the third December from the date of issuance.

G. In addition to the requirements established under this Section, a wildlife rehabilitation license holder shall comply with the special license requirements established under R12-4-409.

H. The Department shall deny a wildlife rehabilitation license to a person who fails to meet the requirements and criteria established under R12-4-409, R12-4-428, or this Section or when the person's wildlife rehabilitation license is suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409 to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

I. The license holder shall be responsible for compliance with all applicable regulatory requirements; the wildlife rehabilitation license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

J. Before applying for a wildlife rehabilitation license, a person shall successfully complete an examination conducted by the Department. The Department shall consider only those parts of the examination that are applicable to the taxa of wildlife for which the license is sought in establishing the qualifications of the applicant.

1. Examinations are provided by appointment, only.

2. An applicant may request a verbal or written examination.

3. The examination shall include questions regarding:

a. Wildlife rehabilitation;

b. Safe handling of wildlife;

c. Transporting wildlife;

d. Humane treatment;

e. Nutritional requirements;

f. Behavioral requirements;

g. Developmental requirements;

h. Ecological requirements;

i. Habitat requirements;

j. Captivity standards established under R12-4-428;

k. Human and wildlife safety considerations;

l. State statutes, rules, and regulations regarding wildlife rehabilitation; and

m. National Wildlife Rehabilitation Association minimum standards for wildlife rehabilitation.

4. The applicant must successfully complete the examination within three years prior to the date on which the initial application for the license is submitted to the Department.

K. A person applying for a wildlife rehabilitation license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and online at www.azgfd.gov. The applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Date of birth;

c. Mailing address;

d. Telephone number;

e. Facility address, if different from mailing address;

f. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates; and;

g. Department ID number, when applicable;

2. The wildlife taxa or species listed under subsection (C) that will be possessed under the license;

3. For each location where the wildlife will be used, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

4. A detailed description, diagram, and photographs of the facility where the applicant will hold the wildlife, and a description of how the facility complies with R12-4-428 and any other captivity standards established under this Section;

5. Any other information required by the Department; and

6. The certification required under R12-4-409(C).

L. In addition to the requirements listed under subsection (K), at the time of application, an applicant for a wildlife rehabilitation license shall also submit:

1. Any one or more of the following:

a. A valid, current license issued by a state veterinary medical examination authority that authorizes the applicant to practice as a veterinarian;

b. Proof of at least six months of experience performing wildlife rehabilitative work with an average of at least eight hours each week for the taxa or species of animal listed on the application; or

c. A current and valid license, permit, or other form of authorization issued by another state or the federal government that allows the applicant to perform wildlife rehabilitation;

2. Proof the applicant successfully completed the examination required under subsection (J) no more than three years prior to submitting the application;

3. An affidavit signed by the applicant affirming either of the following:

a. The applicant is a licensed veterinarian; or

b. A licensed veterinarian is reasonably available to provide veterinary services as necessary to facilitate rehabilitation of wildlife.

4. A written statement describing:

a. The applicant's preferred method of disposing of non-releasable live wildlife as listed under subsection (B); and

b. A statement of the applicant's training and experience in handling, capturing, rehabilitating, and caring for the taxa or species when the applicant is applying for a license to perform authorized activities with taxa or species of wildlife listed under subsection (C).

M. A wildlife rehabilitation license holder who wishes to continue activities authorized under the license shall renew the license before it expires.

1. When renewing a license without change to the species, location, or design of the facility where wildlife is held as authorized under the current license, the license holder may reference supporting materials previously submitted in compliance with subsection (K).

2. A license holder applying for a renewal of the license shall successfully complete the examination at the time of renewal when the annual report submitted under subsection (Z) indicates the license holder did not perform any rehabilitative activities under the license.

3. A license holder applying for a renewal of the license shall submit proof the license holder has completed the continuing education requirement established under subsection (N).

N. During the license period a wildlife rehabilitation license holder shall complete eight or more hours of continuing education sessions on wildlife rehabilitation or veterinary medicine. Acceptable continuing education sessions may be obtained from:

1. An accredited university or college;

2. The National Wildlife Rehabilitators Association, 2625 Clearwater Rd. Suite 110, St. Cloud, MN 56301;

3. The International Wildlife Rehabilitation Council, PO Box 3197, Eugene, OR 97403; or

4. Other applicable training opportunities approved by the Department in writing. A license holder who wishes to use other applicable training to meet the eight hour continuing education requirement shall request approval of the other applicable training prior to participating in the education session.

O. A wildlife rehabilitation license holder may request authorization to allow an agent to assist the license holder in carrying out activities authorized under the wildlife rehabilitation license by submitting a written request to the Department.

1. An applicant may request the ability to allow a person to act as an agent on the applicant's behalf, provided:

a. An employment or supervisory relationship exists between the applicant and the agent, and

b. The agent's privilege to take or possess live wildlife is not suspended or revoked in any state

2. The license holder shall obtain approval from the Department prior to allowing the agent assist in any activities.

3. The license holder is liable for all acts the agent performs under the authority of this Section.

4. The Department, acting on behalf of the Commission, may suspend or revoke a license for violation of this Section by an agent.

5. The license holder shall ensure the agent possesses a legible copy of the license while conducting any activity authorized under the wildlife rehabilitation license and presents it for inspection upon the request of any Department employee or agent.

P. At any time during the license period, a wildlife rehabilitation license holder may request permission to amend the license to add or delete an agent or a location where wildlife is held; or to obtain authority to rehabilitate additional taxa of wildlife. To request an amendment, the license holder shall submit the following information to the Department, as applicable:

1. To add or delete an agent, the information stated in subsections (K)(1) through (K)(4) and (L)(2), as applicable to the agent;

2. To add or delete a location, the information stated in subsection (K)(1) through (K)(5); and

3. To obtain authority to rehabilitate additional taxa or wildlife, the information stated in subsection (K)(1) through (K)(5) and (L)(1) through (L)(4).

Q. A wildlife rehabilitation license holder authorized to rehabilitate wildlife species listed under subsection (C)(3)(c), (C)(4)(c) and (C)(4)(d) or (D) shall contact the Department within 24 hours of receiving the individual animal to obtain instructions in handling or transferring that animal. While awaiting instructions, the license holder shall ensure that emergency veterinary care is provided as necessary.

R. A wildlife rehabilitation license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article.

3. Ensure each facility is inspected by the attending veterinarian at least once every year.

4. Capture, remove, transport, and release wildlife held under the requirements of this Section in a manner that is least likely to cause injury to the affected wildlife.

5. Conduct rehabilitation only at the location listed on the license

6. Be responsible for all expenses incurred, including veterinary expenses, and all actions taken under the license, including all actions or omissions of all agents and volunteers when performing activities under the license.

7. Immediately surrender wildlife held under the license to the Department upon request.

8. Dispose of all wildlife that is euthanized or that otherwise dies within 30 days of death either by burial, incineration, or transfer to a scientific research institution, except that the license holder shall transfer all carcasses of endangered or threatened species, species listed under the Department's Tier 1 Species of Greatest Conservation Need, or eagles as directed by the Department.

9. Maintain a current log that records the information specified under subsection (Z).

10. Possess the license or legible copy of the license at each authorized location and while conducting any rehabilitation activities and presents it for inspection upon the request of any Department employee or agent.

11. Ensure a copy of the wildlife rehabilitation license accompanies each transfer or shipment of wildlife.

S. A wildlife rehabilitation license holder shall not:

1. Display for educational purposes any wildlife held under the license.

2. Exhibit any wildlife held under the license.

3. Permanently possess any wildlife held under the license.

T. A wildlife rehabilitation license holder may possess:

1. All wildlife for no more than 90 days; or

2. A bird for no more than 180 days, unless the Department has authorized possession for a longer period of time.

U. A license holder may request permission to possess wildlife for a longer period of time than specified in subsection (T) by submitting a written request to the Department.

1. The Department shall approve or deny the request within ten days of receiving the request.

2. For requests made due to a medical necessity, the Department may require the license holder to provide a written statement listing the medical reasons for the extension, signed by a licensed veterinarian.

3. The license holder may continue to hold the specified wildlife while the Department considers the request.

4. If the request is denied, the Department shall send a written notice to the license holder which shall include specific, time-dated directions for the surrender or disposition of the animal.

V. A wildlife rehabilitation license holder may allow a licensed falconer to assist in conditioning a raptor in preparation for the raptor's release to the wild.

1. The license holder may allow the licensed falconer to temporarily remove the raptor from the license holder's facility while conditioning the raptor.

2. The license holder shall provide the licensed falconer with a written statement authorizing the falconer to assist the license holder.

3. The written statement shall identify the raptor by species, type of injury, and band number, when available.

4. The license holder shall ensure the licensed falconer returns the raptor to the license holder within the 180-day period established under subsection (T).

W. A wildlife rehabilitation license holder may hold wildlife under the license after the wildlife reaches a state of restored health only for the amount of time reasonably necessary to prepare the wildlife for release. Rehabilitated wildlife shall be released:

1. In an area without immediate threat to the wildlife or contact with humans;

2. During an ecologically appropriate time of year and time of day; and

3. Into a suitable habitat in the same geographic area where the animal was originally obtained; or

4. In an area designated by the Department.

X. Wildlife that is not releasable after the time-frames specified in subsection (T) shall be transferred, disposed of, or euthanized as determined by the Department.

Y. To permanently hold rehabilitated wildlife that is unsuitable for release, a wildlife rehabilitation license holder shall apply for and obtain a wildlife holding license in compliance with under R12-4-417.

Z. A wildlife rehabilitation license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The wildlife rehabilitation license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall contain the following information:

a. The license holder's:

i. Name;

ii. Mailing address; and

iii. Telephone number;

b. Each agent's:

i. Name;

ii. Mailing address; and

iii. Telephone number;

c. The permit or license number of any federal permits or licenses that relate to any rehabilitative function performed by the license holder; and

d. An itemized list of each animal held under the license during the calendar year for which activity is being reported. For each animal held by the license holder or agent, the itemization shall include:

i. Species;

ii. Condition that required rehabilitation;

iii. Date of acquisition;

iv. Source of acquisition;

v. Location of acquisition;

vi. Age class at acquisition, when reasonably determinable;

vii. Status at disposition or end-of-year in relation to the condition requiring rehabilitation;

viii. Method of disposition;

ix. Location of disposition; and

x. Date of disposition.

e. For activities related to federally-protected wildlife, a copy of the rehabilitator's federal permit report of activities related to federally-protected wildlife satisfies the reporting requirement established under subsection (Z)(4)(c) for federally protected wildlife.

AA. A wildlife rehabilitation license holder shall comply with the requirements established under R12-4-409, R12-4-428, and R12-4-430, as applicable.

Credits

Adopted effective January 4, 1990 (Supp. 90-1). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30,2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-424. White Amur Stocking and Holding License

A. For the purposes of this Section:

“Closed aquatic system” means any body of water, water system, canal system, or series of lakes, canals, or ponds where triploid white amur are prevented from entering or exiting the system by any natural or man-made barrier, as determined by the Department.

“Triploid” means a species having 1.5 chromosome sets that renders them sterile.

B. A white amur stocking and holding license allows a person to import, possess, stock in a closed aquatic system, and transport triploid white amur (Ctenopharyngodon idella).

C. The white amur stocking and holding license is valid for no more than 20 consecutive days.

D. In addition to the requirements established under this Section, a white amur stocking and holding license holder shall comply with the special license requirements established under R12-4-409.

E. The license holder shall be responsible for compliance with all applicable regulatory requirements; the white amur stocking and holding license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

F. The Department shall deny a white amur stocking and holding license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a white amur stocking license when it determines the issuance of the license may result in a negative impact on native wildlife.

G. A person applying for a white amur stocking and holding license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to stock white amur. The application is furnished by the Department and is available from any Department office and online at www.azgfd.gov. The applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and;

d. Department ID number, when applicable;

2. If the applicant will use the wildlife for a commercial purpose, the applicant's business:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address; and

d. Telephone number;

3. For each location where the white amur will be held, stocked, or restocked, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

e. For the purposes of this subsection, the following systems may qualify as separate locations, as determined by the Department:

i. Each closed aquatic system;

ii. Each separately managed portion of a closed aquatic system; or

iii. Multiple separate closed aquatic systems owned, controlled, or legally held by the same applicant where stocking is to occur;

4. A detailed description and diagram of each enclosed aquatic system where the applicant will stock and hold the white amur, as prescribed under A.R.S. § 17-317, which shall include the following information, as applicable:

a. A description of how the system meets the definition of a “closed aquatic system” in subsection (A);

b. Size of waterbody proposed for stocking;

c. Nearest river, stream, or other freshwater system;

d. Points where water enters into each water body;

e. Points where water leaves each water body; and

f. Location of fish containment barriers;

5. For each wildlife supplier from whom the applicant will obtain white amur, the supplier's:

a. Name;

b. Federal Tax Identification Number;

c. Mailing address; and

d. Telephone number;

6. The number and average length of white amur to be stocked;

7. The dates white amur will be stocked, or restocked;

8. Any other information required by the Department; and

9. The certification required under R12-4-409(C).

H. When the Department determines an applicant proposes to stock and hold white amur in a watershed in a manner that conflicts with the Department's efforts to conserve wildlife, in addition to the requirements listed under subsection (G), the applicant shall also submit a written proposal to the Department at the time of application. The written proposal shall contain all of the following:

1. Anticipated benefits from introducing white amur;

2. Potential risks introducing white amur may create for wildlife, including:

a. Whether white amur are compatible with native aquatic species or game fish; and

b. Method for evaluating the potential impact introducing white amur will have on wildlife;

3. Assessment of probable impacts to sensitive species in the area using the list generated by the Department's On-Line Environmental Review Tool, which is available at www.azgfd.gov. The proposal must address each species listed.

I. A white amur stocking license holder who applies to renew the license shall pay fees as prescribed under R12-4-412.

J. A white amur stocking and holding license holder shall comply with the requirements established under R12-4-409.

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Obtain all aquatic wildlife, live eggs, fertilized eggs, and milt from a licensed fish farm operator or a private noncommercial fish pond certified free of the diseases and causative agents through the following actions:

a. An inspection shall be performed by a qualified fish health inspector or fish pathologist at the fish farm or pond where the aquatic wildlife or biological material is held before it is shipped to the license holder.

b. The inspection shall be conducted no more than 12 months prior to the date on which the aquatic wildlife or biological material is shipped to the license holder. The Department may require additional inspections at any time prior to stocking.

c. The applicant shall submit a copy of the certification to the Department prior to conducting any stocking activities.

3. Allow the Department to conduct inspections of an applicant's or license holder's facility, records, and any waters proposed for stocking at any time before or during the license period to determine compliance with the requirements of this Article and to determine the appropriate number of white amur to be stocked.

4. Ensure all shipments of white amur are accompanied by a USFWS, or similar agent, certificate confirming the white amur are triploid.

5. Possess the license or legible copy of the license while conducting any activities authorized under the white amur stocking and holding license and presents it for inspection upon the request of any Department employee or agent.

K. A white amur stocking and holding license holder shall comply with the requirements established under R12-4-409 and R12-4-428.

Credits

Adopted as an emergency effective July 5,1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-3). Correction, Historical Note, Supp. 88-3, should read, “Adopted as an emergency effective July 15, 1988.”; readopted and amended as an emergency effective October 13, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted as an emergency effective January 24, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Former Section R12-4-219 amended and adopted as a permanent rule and renumbered as Section R12-4-424 effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 19 A.A.R. 3225, effective January 1, 2014 (Supp. 13-3). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-425. Restricted Live Wildlife Lawfully Possessed without License or Permit Before the Effective Date of Article 4 or Any Subsequent Amendments

A. A person who lawfully possessed restricted live wildlife without a license or permit from the Department before the effective date of this Section or any subsequent amendments to R12-4-406, this Section, or this Article may continue to possess the wildlife and to use it for any purpose that was lawful, except propagation, before the effective date of R12-4-406, this Section, or this Article or any subsequent amendments, provided the person complies with the requirements established under subsections (A)(1) or (A)(2).

1. The person submits written notification to the Department's regional office in which the restricted live wildlife is held. The person shall submit the written notification to the regional office within 30 calendar days of the effective date of any subsequent amendments to this Section, R12-4-406, or this Article. The written notification shall include all of the following information:

a. The number of individuals of each species,

b. The purpose for which it is possessed, and

c. The unique identifier for each individual wildlife possessed by the person, as established under subsection (F); or

2. The person maintains documentation of the restricted live wildlife held. The documentation shall include:

a. The number of individuals of each species,

b. Proof the individuals were legally acquired before the effective date of the amendment causing the wildlife to be restricted,

c. The purpose for which it is used, and

d. The unique identifier for each wildlife possessed by the person, as established under subsection (F).

3. The person shall report the birth or hatching of any progeny conceived before and born after the effective date of this Section, R12-4-406, or this Article to the Department and comply with the requirements established under subsection (F).

B. The person shall ensure the written notification described under subsection (A)(1) and (A)(2) includes the person's name, address, and the location where the wildlife is held. A person who maintains their own documentation under subsection (A)(2) shall make it available to the Department upon request.

C. A person who possesses wildlife under this Section shall dispose of it using any one of the following methods:

1. Exportation;

2. Euthanasia;

3. Transfer to an Arizona special license holder, provided the special license authorizes possession of the species involved; or

4. As otherwise directed by the Department in writing.

D. If a person transfers restricted live wildlife possessed under this Section to a special license holder:

1. The exemption for that wildlife under this Section expires, and

2. The special license holder shall use, possess, and report the wildlife in compliance with this Article and any stipulations applicable to that special license.

E. A person who exports wildlife held under this Section shall not import the wildlife back into this state unless the person obtains a special license prior to importing the wildlife back into this state.

F. A person who possesses wildlife under this Section shall permanently and uniquely mark the wildlife with a unique identifier as follows:

1. Within 30 calendar days of the effective date of this Section, R12-4-406, or this Article if the person has notified the Department as provided under subsection (A)(1); or

2. Within 30 calendar days of receiving written notice from the Department directing the person to permanently mark the wildlife.

G. A person possessing a desert tortoise (Gopherus agassizii) is not subject to the requirements of this Section and shall comply with requirements established under R12-4-404 and R12-4-407.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-426. Possession of Primates

A. A person is prohibited from possessing a nonhuman primate, unless authorized under a special license or lawful exemption.

B. A person shall not import a nonhuman primate into this state unless:

1. A person lawfully possessing a nonhuman primate shall ensure the primate is tested and reported to be free of any zoonotic disease that poses a serious health risk as determined by the Department. Zoonotic diseases that pose a serious health risk include, but are not limited to:

a. Tuberculosis;

b. Simian Herpes B virus;

c. Simian Immunodeficiency Virus;

d. Simian T Lymphotropic Virus; and

e. Gastrointestinal pathogens such as, but not limited to, Shigella, Salmonella, E. coli, and Giardia.

2. A qualified person, as determined by the Department, performs the test and provides the test results; and

3. The tests required under subsection (B)(1) are :

a. Conducted no more than 30 days before the person imports the nonhuman primate ; and

b. The person submits the results to the Department prior to importation.

C. A person lawfully possessing the nonhuman primate shall contain the primate within the confines of the person's private property or licensed facility.

D. A person possessing a nonhuman primate may only transport the primate by way of a secure cage, crate, or carrier. A person possessing a primate shall only transport the primate to the following locations:

1. To or from a licensed veterinarian;

2. Into or out of the state for lawful purposes.

E. A person lawfully possessing a nonhuman primate that bit, scratched, or otherwise exposed a human to pathogenic organisms, as determined by the Department, shall ensure the primate is examined and laboratory tested for the presence of pathogens as follows:

1. The Department shall prescribe examinations and laboratory testing for the presence of pathogens.

2. The person shall have the non-human primate examined by a state licensed veterinarian who shall perform any examinations or laboratory tests as directed by the Department.

a. The licensed veterinarian shall provide the laboratory results to the Department within 24 hours of receiving the results.

b. The Department shall notify the exposed person and the Department of Health Services, Vector Borne and Zoonotic Disease Section within 10 days of receiving notice of the test results.

3. The person possessing the nonhuman primate shall pay all costs associated with the examination, laboratory testing, and maintenance of the primate.

F. A person lawfully possessing a nonhuman primate shall ensure a primate that tests positive for a zoonotic disease that poses a serious health risk to humans, or is involved in more than one incident of biting, scratching, or otherwise exposing a human to pathogenic organisms, is maintained in captivity or disposed of as directed in writing by the Department.

G. A zoo license holder or a person using nonhuman primates at a research facility, as defined under R12-4-401, possessing a primate that bit, scratched, or otherwise exposed a human to pathogenic organisms shall quarantine and test the primate in accordance with procedures approved by the Department.

H. A person lawfully possessing a nonhuman primate is subject to the requirements established under R12-4-428.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Rule expired December 31, 1989; text rescinded (Supp. 93-2). New Section adopted by final rulemaking at 6 A.A.R. 211, effective December 14, 1999 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Section R12-4-426(C) corrected to include subsection (C)(1), under A.R.S. § 41-1011 and A.A.C. R1-1-108, Office File No. M11-77, filed March 4, 2011 (Supp. 10-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-427. Exemptions from Requirements to Possess a Wildlife Rehabilitation License

A. A person may possess, provide rehabilitative care to, and release to the wild any live wildlife listed below that is injured, orphaned, or otherwise debilitated:

1. The order Passeriformes: passerine birds;

2. The order Columbiformes: doves;

3. The family Phasianidae: quail, pheasant, and chukars;

4. The order Rodentia: rodents; and

5. The order Lagomorpha: hares and rabbits.

B. This Section does not:

1. Exempt the person from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the person to engage in authorized activities using federally-protected wildlife, unless the person possesses a valid license, permit, or other form of documentation issued by the United States that authorizes the license holder to use that wildlife in a manner consistent with the special license.

C. This Section does not authorize the possession of any of the following:

1. Eggs of wildlife;

2. Wildlife listed as Species of Greatest Conservation Need, as defined under R12-4-401; or

3. More than 25 animals at the same time.

D. A person taking and caring for wildlife listed under this Section is not required to possess a hunting license .

E. A person shall only take wildlife listed under subsection (A) by hand or by a hand-held implement.

F. A person shall not possess wildlife lawfully held under this Section for more than 60 days.

G. The exemptions granted under this Section shall not apply to any person who, by their own action, has unlawfully injured, orphaned, or otherwise debilitated the wildlife.

H. If the wildlife is rehabilitated and suitable for release, the person who possesses the wildlife shall release it within the 60-day period established under subsection (C) :

1. Into a habitat that is suitable to sustain the wildlife, or

2. As close as possible to the same geographic area from where it was taken.

I. If the wildlife is not rehabilitated within the 60-day period or the wildlife requires care normally provided by a veterinarian, the person who possesses it shall:

1. Transfer it to a wildlife rehabilitation license holder or veterinarian;

2. Euthanize it; or

3. Obtain a wildlife holding permit as established under R12-4-417.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-428. Captivity Standards

A. For the purposes of this Section, “animal” means any wildlife possessed under a special license, unless otherwise indicated.

B. A person possessing wildlife under a special license authorized under this Article shall comply with the minimum standards for the humane treatment of animals established under this Section.

C. A person possessing wildlife under an authority granted under this Article shall ensure all facilities meet the following minimum standards:

1. The facility shall be :

a. Constructed of material of sufficient strength to resist any force the animal may be capable of exerting against it.

b. Constructed in a manner designed to reasonably prevent the animal's escape or the entry of unauthorized persons, wildlife, or domestic animals.

c. Constructed and maintained in good repair to protect animals from injury, disease, or death and to enable the humane practices established under this Section.

2. If required to comply with related requirements established under this Section, each facility shall be equipped with safe, reliable and adequate electric power.

a. All electric wiring shall be constructed and maintained in accordance with all applicable governmental building codes.

b. Electrical construction and maintenance shall be sufficient to ensure that no animal has direct contact with any electrical wiring or electrical apparatus and the animal is fully protected from any possibility of injury, shock, or electrocution.

3. Each animal shall be supplied with sufficient potable water to meet its needs.

a. All water receptacles shall be kept in clean and sanitary condition.

b. Water shall be readily available and monitored at least once daily or more often when the needs of the animal dictate.

c. If potable water is not accessible to the animal at all times, it shall be provided as often as necessary for the health and comfort of the animal.

4. Food shall be suitable, wholesome, palatable, free from contamination, and of sufficient appeal, quantity, and nutritive value to maintain the good health of each animal held in the facility.

a. Each animal's diet shall be prepared based upon the nutritional needs and preferences of the animal with consideration for the animal's age, species, condition, health, size, and all veterinary directions or recommendations in regard to diet.

b. Each animal shall be fed as often as its needs dictate, taking into consideration behavioral adaptations, veterinary treatment or recommendations, normal fasts, or other professionally accepted humane practices.

c. The quantity or level of available food for each animal shall be monitored at least once daily, except for those periods of time when professionally accepted humane practices dictate that the animal not consume any food during the entire day.

d. Food and food receptacles, when used, shall be sufficient in quantity and accessible to all animals in the facility and shall be placed to minimize potential contamination and conflict between animals using the receptacles.

e. Food receptacles shall be kept clean and sanitary at all times.

f. Any self-feeding food receptacles shall function properly and the food they provide shall be monitored at least once daily and shall not be subject to deterioration, contamination, molding, caking, or any other process that would render the food unsafe or unpalatable for the animal .

g. An appropriate means of refrigeration shall be provided for supplies of perishable animal foods.

5. The facility shall be kept sanitary and regularly cleaned as the nature of the animal requires:

a. Adequate provision shall be made for the removal and disposal of animal waste, food waste, unusable bedding materials, trash, debris and dead animals not intended for food.

b. The facility shall be maintained to minimize the potential of vermin infestation, disease, and unseemly odors.

c. Excreta shall be removed from the primary enclosure facility as often as necessary to prevent contamination , minimize hazard of disease, and reduce unseemly odors.

d. The sanitary condition of the facility shall be monitored at least once daily.

e. When the facility is cleaned by hosing, flushing, or the introduction of any chemical substances, adequate measures shall be taken to ensure the animal has no direct contact with any chemical substance and is not directly sprayed with water, steam, or chemical substances or otherwise wetted involuntarily.

6. A sanitary and humane method shall be provided to rapidly eliminate excess water from the facility. If drains are utilized, they shall be:

a. Properly constructed.

b. Kept in good repair to avoid foul odors or vermin infestation.

c. Installed in a manner that prevents the backup or accumulation of debris or sewage.

7. No animal shall be exposed to any human activity or environment that may have an inhumane or harmful effect upon the animal that is inconsistent with the purpose of the special license.

8. Facilities shall not be constructed or maintained in proximity to any physical condition which may pose any health threat or unnecessary stress to the animal.

9. Persons caring for the animals shall conduct themselves in a manner that prevents the spread of disease, minimizes stress, and does not threaten the health of the animal.

10. All animals housed in the same facility or within the same enclosed area shall be compatible and shall not pose a substantial threat to the health, life or well-being of any other animal in the same facility or enclosure, whether or not the other animals are held under a special license. This subsection shall not apply to live animals utilized as food items in the enclosures.

11. Facilities for the enclosure of animals shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement to make normal postural and social adjustments.

a. The facility area shall be large enough and constructed in a manner to allow the animal proper and adequate exercise as is characteristic to each animal's natural behavior and physical needs.

b. Facilities for digging or burrowing animals shall have secure safe floors below materials supplied for digging or burrowing activity.

c. Animals that naturally climb or perch shall be provided with safe and adequate climbing or perching apparatus.

d. Animals that naturally live in an aquatic environment shall be supplied with sufficient access to safe water so as to meet their aquatic behavioral needs.

e. The facility and holding environment shall be structured to reasonably promote the psychological well-being of any animal held in the facility.

12. A special license holder shall ensure that a sufficient number of properly trained personnel are utilized to meet all the humane husbandry practices established under this Section. The license holder shall be responsible for the actions of all animal care personnel and all other persons that come in contact with the animals.

13. The special license holder shall designate a veterinarian licensed to practice in this state as the primary treating veterinarian for each species of animal to be held.

a. The license holder shall ensure that all animals in their care receive proper, adequate, and humane veterinary care as the needs of each animal dictate.

b. Each animal held for more than one year shall be inspected by the attending veterinarian at least once every year.

c. Every animal shall promptly receive licensed veterinary care whenever it appears that the animal is injured, sick, wounded, diseased, infected by parasites, or behaving in a substantially abnormal manner, including but not limited to exhibiting loss of appetite or disinclination to normal physical activity.

d. All medications, treatments and other directions prescribed by the attending veterinarian shall be properly administered by the license holder, authorized agent, or volunteer. A license holder, authorized agent, or volunteer shall not administer prescription medicine , unless under the direction of a veterinarian.

14. Any animal that is suspected of or diagnosed as harboring any infectious or transmissible disease, whether or not the animal is held under a special license, shall be isolated immediately upon suspicion or diagnosis.

a. The isolated animal shall continue to be kept in a humane manner as required under this Section.

b. When there is an animal with an infectious or transmissible disease in any animal facility, whether or not the animal is held under a special license, the facility shall be sanitized so as to reasonably eliminate the chance of other animals being exposed to infection. Sanitation procedures may include, but are not limited to:

i. Washing facilities or animal-related materials with appropriate antibacterial chemical agents, soaps or detergents;

ii. Appropriate application of hot water or steam under pressure; and

iii. Replacement of gravel, dirt, sand, water, or food. All residue of chemical agents utilized in the sanitation process shall be reasonably eliminated from the facility before any animal is returned to the facility.

c. Parasites and vermin shall be controlled and eliminated so as to ensure the continued health and well-being of all animals.

D. In addition the standards established under subsection (C), a person shall ensure all indoor facilities meet the following minimum standards:

1. Heating and cooling equipment shall be sufficient to regulate the temperature of the facility to protect the animals from temperature extremes as the nature of the wildlife requires to provide a healthy, comfortable, and humane living environment.

2. Indoor facilities shall be adequately ventilated with fresh air to provide for the healthy, comfortable, and humane keeping of any animal and to minimize drafts, odors, and moisture condensation.

3. Indoor facilities shall have lighting of a quality, distribution, and duration as is appropriate for the biological needs of the animals held and to facilitate the inspection and maintenance of the facility.

a. Artificial lighting, when used, shall be utilized in regular cycles as the animal's needs dictate.

b. Lighting shall be designed to protect the animals from excessive or otherwise harmful aspects of illumination.

E. In addition the standards established under subsection (C), a person shall ensure that all outdoor facilities meet the following minimum standard:

1. Sufficient shade to prevent the overheating or discomfort of any animal shall be provided.

2. Sufficient shelter appropriate to protect animals from normal climatic conditions throughout the year . Each animal shall be acclimated to outdoor climatic conditions before they are housed in any outdoor facility or otherwise exposed to the extremes of climate.

F. A person who handles an animal shall ensure the animal is handled in an expeditious and careful manner to ensure no unnecessary discomfort, behavioral stress, or physical harm to the animal.

a. An animal shall be transported in a secure, expeditious, careful, temperature appropriate, and humane manner. An animal shall not be transported in any manner that poses a substantial threat to the life, health, or behavioral well-being of the animal.

b. An animal placed on public exhibit or educational display shall be handled in a manner that minimizes the risk of harm to members of the public and to the animal, which includes but is not limited to providing and maintaining a sufficient distance between the animal and the viewing public.

c. Any restraint used on an animal shall not cause physical harm or unnecessary discomfort.

G. The Department may impose additional requirements on facilities that hold animals to meet the needs of the particular animal and ensure public health and safety. Any additional special license facility requirements shall be set forth in writing by the Department at the time the special license is issued.

Credits

Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

 

R12-4-429. Expired

HISTORICAL NOTE

New Section made by emergency rulemaking under A.R.S. § 41-1026 at 8 A.A.R. 3127, effective July 1, 2002 for a period of 180 days (Supp. 02-3). Emergency rulemaking renewed under A.R.S. § 41-1026(D) for an additional 180-day period at 9 A.A.R. 132, effective December 27, 2002 (Supp. 02-4). Section expired effective June 24, 2003 (Supp. 03-2).

 

R12-4-430. Importation, Handling, and Possession of Cervids

A. The Department shall not issue a new special license authorizing the possession of a live cervid, except as provided under R12-4-418 and R12-4-420.

B. A person shall not import a live cervid into Arizona, except a zoo license holder may import any live nonnative cervid for exhibit, educational display, or propagation provided the non-native cervid is quarantined for 30 days upon arrival and is procured from a facility that meets all of the following requirements:

1. The exporting facility has a disease surveillance program and no history of chronic wasting disease or other wildlife disease that pose a serious health risk to wildlife or humans and there is accompanying documentation from the facility certifying there is no history of disease at the facility;

2. The nonnative cervid is accompanied by a health certificate, issued no more than 30 days prior to importation by a licensed veterinarian in the jurisdiction of origin; and

3. The nonnative cervid is accompanied by evidence of lawful possession, as defined under R12-4-401.

C. A person shall not transport a live cervid within Arizona, except to:

1. Export the live cervid from Arizona for a lawful purpose;

2. Transport the live cervid to a facility for the purpose of slaughter, when the slaughter will take place within five days of the date of transport;

3. Transport the live cervid to or from a licensed veterinarian for medical care;

4. Transport the live cervid to a new holding facility owned by, or under the control of, the cervid owner, when all of the following apply:

a. The current holding facility has been sold or closed;

b. Ownership, possession, custody, or control of the cervid will not be transferred to another person; and

c. The owner of the cervid has prior written approval from the Department; or

5. Transport the live nonnative cervid within Arizona for the purpose of procurement or propagation when all of the following apply:

a. The nonnative cervid is transported to or from a zoo licensed under R12-4-420;

b. The nonnative cervid is quarantined for 30 days upon arrival at its destination;

c. The nonnative cervid is procured from a facility that meets all of the requirements established under subsection (B)(1) though (B)(3).

D. A person who lawfully possesses a live cervid , except any cervid held under a private game farm or zoo license, shall comply with the requirements established under R12-4-425.

E. A person shall comply with the requirements established under R12-4-305 when transporting a cervid carcass, or its parts, from a licensed private game farm.

F. In addition to the recordkeeping requirements of R12-4-413 and R12-4-420, a person who possesses a live cervid under a private game farm or zoo license shall:

1. Permanently mark each live cervid with either an individually identifiable microchip or tattoo within 30 days of acquisition or birth of the cervid; and

2. Include in the annual report submitted to the Department before January 31 of each year, the following for each native cervid in the license holder's possession:

a. Name of the license holder,

b. License holder's mailing address,

c. License holder's telephone number,

d. Number and species of live cervids held,

e. The microchip or tattoo number of each live native cervid held,

f. The disposition of all cervids that were moved or died during the current reporting period

h. Any other information required by the Department to ensure compliance with this Section.

G. The holder of a private game farm, scientific collecting, or zoo license shall ensure that the retropharyngeal lymph nodes or obex from the head of a cervid over one year of age that dies while held under the special licenses is collected by either a licensed veterinarian or the Department and submitted within 72 hours of the time of death to an Animal and Plant Health Inspection Service certified veterinary diagnostic laboratory for chronic wasting disease analysis. A list of approved laboratories is available at any Department office and online at www.azgfd.gov or www.aphis.usda.gov. The license holder shall:

1. Ensure the shipment of the deceased animal's tissues is made by a common, private, or contract carrier that utilizes a tracking number system to track the shipment.

2. Include all of the following information with the shipment of the deceased animal's tissues, the license holder's:

a. Name,

b. Mailing address, and

c. Telephone number.

3. Designate, on the sample submission form, test results shall be sent to the Department within 10 days of completing the analysis. The sample submission form is furnished by the diagnostic laboratory providing the test.

4. Be responsible for all costs associated with the laboratory analysis.

H. A person who possesses a cervid shall comply with all procedures for:

1. Tuberculosis control and eradication for cervids as prescribed under the United States Department of Agriculture publication “Bovine Tuberculosis Eradication : Uniform Methods and Rules” USDA APHIS 91-45-011, revised January 1, 2005, which is incorporated by reference in this Section. available

2. Prevention, control, and eradication of Brucellosis in cervids as prescribed under the United States Department of Agriculture publication “Brucellosis in Cervidae: Uniform Methods and Rules” U.S.D.A. A.P.H.I.S. 91-45-16, effective September 30, 2003.

3. The incorporated material is available at any Department office, online at www.aphis.usda.gov, or may be ordered from the USDA APHIS Veterinary Services, Cattle Disease and Surveillance Staff, P. O. Box 96464, Washington D.C. 20090-6464.

4. The material incorporated by reference in this Section does not include any later amendments or editions.

I. The Department has the authority to seize, euthanize, and dispose of any cervid possessed in violation of this Section, at the owner's expense.

Credits

New Section made by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015.

Share |